California AB 628 in 2026: Stove & Refrigerator Rules for New, Amended and Extended Leases
California AB 628 requires working stoves and refrigerators for covered leases entered into, amended or extended on or after January 1, 2026.
The short answer
California AB 628 amended Civil Code § 1941.1 so that, for a lease entered into, amended, or extended on or after January 1, 2026, a covered dwelling can be deemed untenantable if it substantially lacks a stove maintained in good working order and capable of safely generating heat for cooking, or a refrigerator maintained in good working order and capable of safely storing food. The statute contains specific housing exemptions and a narrow tenant-provided-refrigerator option.
The timing language matters. AB 628 does not say that every rental agreement that existed before 2026 automatically became a new agreement on January 1. The operative trigger is whether the lease was entered into, amended, or extended on or after that date. For a pre-2026 agreement that continues without a clearly documented amendment or extension, do not rely on a social-media answer or search snippet to decide coverage. Verify the actual agreement, later changes, and current authoritative guidance.
When does AB 628 apply to a lease?
The enacted statute uses three verbs: entered into, amended, or extended. A new rental agreement signed on or after January 1, 2026 is the clearest example. A written lease amendment or a documented extension after that date also falls within the statutory wording. A fixed-term renewal may function as a new agreement or extension depending on how it is documented, so the signed paperwork matters.
Month-to-month questions need more care. Civil Code § 1941.1 does not expressly define whether each continuation of an otherwise unchanged pre-2026 periodic tenancy is an 'extension' for this appliance provision. If a landlord later serves a rent increase or other change of terms, determine whether the resulting paperwork legally amends or extends the rental agreement rather than assuming every rent notice automatically answers the AB 628 question. When the distinction controls a dispute, use current official guidance or qualified legal advice.
The stove rule is not the same as the refrigerator option
For covered leases, § 1941.1 requires a stove maintained in good working order and capable of safely generating heat for cooking. A stove subject to a manufacturer or public-entity recall is treated as not capable of safely generating heat for purposes of this provision.
AB 628 does not create the same tenant-supplied opt-out for a stove that it creates for a refrigerator. The statute's special mutual-agreement procedure is written specifically for a tenant who chooses to provide and maintain their own refrigerator. Do not copy the refrigerator exception and assume it applies to a stove.
A tenant can choose to provide their own refrigerator, but the lease must handle it correctly
A tenant and landlord may mutually agree when the lease is signed that the tenant will provide and maintain their own refrigerator, but only if the statutory conditions are met. The lease must contain substantially the required state-law statement, the tenant must affirmatively acknowledge that they asked to bring their own refrigerator and will keep it working, and the landlord may not condition the tenancy on the tenant supplying a refrigerator.
The lease must also give the tenant a path to reverse that choice. With 30 days' written notice, the tenant may inform the landlord that they no longer wish to keep their own refrigerator in the unit; at the end of that notice period the landlord must install a refrigerator in good working order. The landlord is not responsible for maintaining a refrigerator that the tenant supplied under this statutory arrangement.
The 30-day repair-or-replace rule is specifically about recalls
AB 628 says a landlord must repair or replace a stove or refrigerator subject to recall by the manufacturer or a public entity within 30 days after receiving notice of that recall. The statute also preserves tenant remedies authorized under Civil Code § 1942.
Do not turn that recall provision into a universal statement that every ordinary appliance breakdown has a 30-day repair deadline. A non-recall failure still raises habitability, notice, access, repair, lease, causation and remedy questions, but the explicit 30-day clock in AB 628 is tied to a recalled stove or refrigerator. Document when the landlord received the recall information and what repair or replacement action followed.
Which housing types are exempt from the new stove and refrigerator characteristics?
Civil Code § 1941.1(b) excludes the new stove and refrigerator characteristics for permanent supportive housing, a single-room occupancy unit described by the statute, a unit in a residential hotel, and a dwelling unit within a housing facility that offers shared or communal kitchen spaces to residents, including an assisted living facility.
An ordinary ADU is not listed by name as a blanket exemption. That does not mean every structure called an ADU is automatically covered in every circumstance. Confirm that the space is a residential dwelling subject to the statute, whether the lease timing trigger is satisfied, and whether a listed exemption or shared-kitchen arrangement actually applies.
What California landlords and property managers should document
Before signing, amending, or extending a covered lease, record which stove and refrigerator are being provided, their condition, and identifying information such as make, model and serial number when practical. If the tenant is choosing to provide a refrigerator, the lease itself needs the statutory refrigerator language and acknowledgment; a generic appliance list is not a substitute for that required lease provision.
During the tenancy, preserve maintenance requests, appointment records, repair completion records and recall notices. If an appliance is replaced, update the appliance inventory. A later reviewer should be able to tell which appliance belonged to whom, when the problem was reported, whether a recall was involved, what access was offered, and what repair or replacement occurred.
How Max Rental Tools fits the AB 628 workflow
Max Rental Tools can help organize the surrounding paperwork with a Residential Lease Agreement, Lease Amendment, Lease Extension Agreement, Appliance & Fixture Inventory, Maintenance Repair Notice and Maintenance Request Log. Use the document that matches the actual transaction and tenancy stage.
These workflows do not replace the statutory refrigerator clause or determine whether a legacy tenancy has been amended or extended. California Civil Code § 1941.1, the chaptered AB 628 text, current California Department of Real Estate guidance, applicable local rules and the actual signed agreement remain the controlling starting points.
Common questions
Does a California landlord have to provide a stove and refrigerator in 2026?
For a covered lease entered into, amended, or extended on or after January 1, 2026, Civil Code § 1941.1 adds a working stove and working refrigerator to the dwelling's affirmative tenantability characteristics, subject to the statute's exemptions and refrigerator-specific tenant choice.
Does AB 628 automatically apply to every lease signed before 2026?
The statute says the stove and refrigerator provisions apply to a lease entered into, amended, or extended on or after January 1, 2026. It does not say that every pre-2026 agreement automatically becomes covered solely because the calendar changed.
Does an unchanged month-to-month tenancy automatically count as an extension under AB 628?
Civil Code § 1941.1 does not expressly define that exact scenario for this provision. Review the original agreement and any later amendment, extension or change-of-terms paperwork, and use current authoritative guidance or legal advice when the classification controls the outcome.
Can a California tenant bring their own refrigerator instead?
Yes, if the tenant and landlord mutually agree when the lease is signed and all statutory conditions are satisfied, including the required lease statement, tenant acknowledgment, the tenant's 30-day written option to request a landlord-installed refrigerator, and the prohibition on conditioning the tenancy on a tenant-supplied refrigerator.
Can a tenant choose to provide their own stove under the same AB 628 exception?
AB 628's special tenant-supplied option is written for a refrigerator. The statute does not create the same opt-out procedure for a stove, so do not assume the refrigerator exception applies to both appliances.
How fast must a landlord replace a recalled stove or refrigerator?
Civil Code § 1941.1 requires repair or replacement within 30 days after the landlord receives notice that the stove or refrigerator is subject to a manufacturer or public-entity recall. That express 30-day rule is recall-specific.
Does AB 628 apply to a California ADU?
The statute does not list ADUs as a blanket exemption. Coverage still depends on whether the space is a dwelling subject to § 1941.1, whether the lease was entered into, amended or extended on or after January 1, 2026, and whether a listed exemption or shared-kitchen arrangement applies.
Official sources
California Legislature — AB 628 (Chapter 342, 2025): Hiring of Real Property, Dwellings, UntenantabilityCalifornia Legislature — Civil Code § 1941.1California Department of Real Estate — 2025 Year-End Bill Summaries (AB 628)Continue your check
Use the state directory for current jurisdiction-specific rules, calculate the proposed increase, then prepare the appropriate rental document only after the legal-rule checks are complete.