Residential Rental Units Must Now Offer Refrigerators and Stoves

AB 628 (McKinnor) was recently signed into law by the governor and will require every residential rental unit, for leases entered into, amended, or extended, on or after January 1, 2026, to have a working stove and refrigerator, with certain exceptions, to be deemed habitable.

The law provides that a dwelling is deemed untenantable, in relation to an owner’s duty to ensure that the premises is intended for human habitation and fit for occupancy, if it lacks either:

• A stove that is maintained in good working order (which is not defined) and is capable of safely generating heat for cooking purposes. Further, it specifies that a stove that is subject to a recall by a manufacturer is not capable of safely generating heat for cooking purposes.

• A refrigerator that is maintained in good working order (once again, this term is not defined) and capable of safely storing food. It specifies that a refrigerator that is subject to recall by the manufacturer is not capable of safely storing food.

Of noteworthy importance, the law requires an owner to repair or replace a stove or refrigerator within 30 days written notice by the tenant should that appliance not safely generate heat for cooking purposes or safely store food in a refrigerator. This new requirement will prove to be problematic in circumstances where replacement parts and/or scheduling technicians to diagnose and/or repair the appliance cannot be made within 30 days.

Should one stove burner fail to be in “good working order” and the owner/agent receives a 30-day written notice, will the owner/agent be forced to replace the whole stove on the 31st day? We simply cannot answer that question. Will this encourage tenants to offer a new claim of habitability before a court? This type of claim is entirely possible.

The law requires the following statement in substantially the following form: “Under state law, the landlord is required to provide a refrigerator in good working order in your unit. By checking this box, you acknowledge that you have asked to bring your own refrigerator and that you are responsible for keeping that refrigerator in working order.”

The refrigerator issue does not stop there. Pursuant to the new law, tenants will have the right to unilaterally decide that owners are to provide a refrigerator upon a 30-day written notice. Dead stop. Owners/agents cannot condition a tenancy upon the tenant providing their own refrigerator. And, if it is of any consequence, owners/agents will not be responsible for the maintenance of a refrigerator provided by the tenant.

What did the author of the bill say to justify the need for the bill? Most people expect a “working stove and refrigerator in a rental unit especially given that these basic necessities are difficult to move in and out of a dwelling. However, according to a 2022 article in the Los Angeles Times, it appears that not all landlords provide these basic appliances. (See e.g. Dillon, Liam, “Why do so many apartments come without fridges? Inside the chilling mystery,” Los Angeles Times, May 18, 2022.)

The sponsors of the bill wrote in their support letter: “Finding an affordable rental home in California is already extremely challenging for low-income renters. (Note: the new law exempts very low-income dwellings) Making people pay more just to be able to store and cook food can mean the difference between finding a home or not. California has outdated laws that classify basic household appliances as “amenities” instead of a necessary part of a rental home.”

The legislative analysis states. . .this “bill makes clear that working stoves and refrigerators are more than mere “amenities.”

There are many issues the new law brings to the forefront. What requirements can the owner/agent impose on tenants to ensure proper cleaning and maintenance of the appliances? What does the term “good working order” mean?  Will owners be required to provide a refrigerator should the tenant unilaterally decide they do not want to provide their own during the tenancy? We hope to address these issues in new and revised operational forms very soon.

AAOC is working on a new lease for 2026 that will include the necessary language to address this new law, along with an addendum and related forms updates. Keep you eyes open for an email announcement when those forms are available for download.

If you have any questions, email AAOC Advocacy or call (714) 245-9500.