10/13/2025
Landlord update from Attorney Rob Wells
Starting January 1, 2026, a significant update to California’s habitability standards will take effect under Assembly Bill 628 for all landlords entering into new, renewed, amended, or extended residential leases/rental agreements.
Under Civil Code section 1941.1, a residential dwelling will now be considered “untenantable” if it does not include both a stove and refrigerator that are:
· Maintained in good working order and
· Safe for food storage and cooking.
This change applies only to leases entered into, renewed, modified, or extended on or after January 1, 2026. If you’re drafting new rental agreements for the coming year, be sure your property includes functioning kitchen appliances that meet these new legal standards.
Exceptions and Tenant Opt-Outs:
Tenants may opt to provide their own refrigerator, but only if:
· The lease contains specific opt-out language as follows:
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 tenant may later request that the landlord provide a refrigerator with 30 days written notice.
· The landlord cannot make the tenant’s provision of a refrigerator a condition of tenancy.
There is no similar opt-out allowed for stoves. Landlords must supply them unless the unit qualifies for an exemption.
Appliance Recalls:
Landlords must repair or replace any stove or refrigerator that is subject to a manufacturer or government recall within 30 days of receiving a notice. A stove or refrigerator appliance subject to recall is deemed non-operational under the law.
Exemptions:
This requirement does not apply to:
· Permanent supportive housing
· Single-room occupancy (SRO) units with shared kitchens
· Residential hotels
· Units with shared or communal kitchen facilities (e.g., assisted living)
No Reason to Fear − Business As Usual for Landlord’s Already Doing the Right Thing
This new change of the law shouldn’t impact our clients and readers. Courts have looked and considered stoves and refrigerators as potential issues for correction if they were supplied by landlords to tenants at the onset of a tenancy for whether a breach of habitability might have occurred (under a breach of contract/lease theory). The law is codifying what has always been a business practice for many landlords.
The only thing that has changed is that some landlords will not be able to get away with not supplying a refrigerator at a tenant’s expense and will have to promptly fix stove and refrigerator issues, many of which in a majority of leases/rental agreements the landlord supplied and has a duty to maintain.
The law remains unchanged as to tenants being responsible for damage to appliances; landlords can include a provision for deductions to the security deposit for appliances that are taken (many common leases have this provision), and landlords can still include terms in their agreements that tenants will be subject to reimbursement demands if they break, misuse, or cause service calls that are related to the misuse or breaking of the appliance.
