Effective January 1, 2026, California landlords need to provide a stove and refrigerator for their tenants.(Link to the text of the Assembly Bill here.)
Here’s everything you need to know about this new California law, AB 628:
- Who has to follow AB 628?
- What properties are exempt from AB 628?
- Exactly what does AB 628 require?
- What if the tenant provides their own refrigerator?
- What if the tenant changes their mind?
- Do rent increases trigger this requirement?
- What happens if there is a manufacturer recall?
Who Has to Follow AB 628?
Any landlord who amends or extends a residential lease after January 1, 2026, is subject to AB 628.
If you currently have a tenant on a month-to-month lease, and you haven’t amended the lease in any way, you are not yet subject to the law.
As soon as you extend any lease or make any change to the tenancy agreement, you will be subject to AB 628.
What Properties are Exempt from AB 628?
Here are examples of properties exempt from AB 628:
- Vacation rentals of 29 days or shorter,
- Permanent supportive housing
- Single-room occupancy units that provide exclusive use living and sleeping space
- Units in residential hotels
- Dwellings within a housing facility that offers shared kitchen spaces
Exactly What is Required?
Landlords subject to AB 628 will have to provide:
- A stove, in good working order, capable of safely generating heat to cook food, and
- A refrigerator, in good working order, capable of safely storing food.
Even though law does not specify that a freezer compartment is required, it makes sense to ensure that your tenant can safely freeze food.
Both the stove and refrigerator must be purchased within the last 10 years.
What if the Tenant Provides a Refrigerator?
In the past, many tenants supplied their own refrigerator. So what happens if your tenant already has a refrigerator in your rental? Or, what happens if a new tenant moves in with their own refrigerator?
Current tenants who have their own refrigerator won’t have the protection of AB 628 until the lease changes. A lease change can be a new lease, a rent increase, or any other change to the existing lease agreement.
When new or existing tenants agree to new lease terms, they may agree to provide their own refrigerator, and it will be written into the new agreement. The tenant is responsible for the maintenance of their own refrigerator.
If a new or existing tenant agrees to provide their own refrigerator, the landlord needs to write the appropriate statutory language into the lease agreement, such as:
“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.”
What if the Tenant Changes their Mind?
Even if a tenant agrees to provide their own refrigerator in the lease contract, they can change their mind at any time. Tenants have the right to give their landlord a 30-day notice to provide a refrigerator, at any time during the lease period.
Do Rent Increases Trigger this Requirement?
YES. A rent increase is a change to the lease agreement. With any change, landlords should include appropriate statutory language that references the AB 628 requirement.
What Happens if there is a Manufacturer Recall?
Neither the stove nor landlord-supplied refrigerator can be subject to recall. If the landlord receives notice of a recall, the landlord must repair or replace the stove or refrigerator within 30 days.
Questions?
Both tenants and landlords are welcome to contact me with any questions. I would love to hear from you!
