California's New Appliance Law: What AB 628 Means for Your Rental Property

Starting January 1, 2026, California landlords have a new obligation baked into state habitability law: providing and maintaining a working stove and refrigerator in every rental unit. Failure to comply carries real consequences, and the rules around when and how they apply are more nuanced than most landlords expect. Here's what you need to know.

What the Law Actually Requires

AB 628 adds a working stove and refrigerator to the list of things a landlord must provide as part of a habitable unit. The law doesn't specify a brand, age, or model — it just requires that the stove be capable of safely generating heat for cooking and the refrigerator be capable of safely storing food. An earlier draft of the bill would have required appliances less than 10 years old; that provision didn't make it into the final version.

Both appliances must also be maintained by the landlord — meaning you're on the hook for repairs and replacement, not just the initial purchase.

When Does It Actually Kick In?

This is where many landlords get tripped up. The law took effect January 1, 2026, but your specific obligations depend on when your tenancy is affected by a "triggering event."

For new tenancies starting on or after January 1, 2026, the requirement applies from day one.

For existing tenancies where you haven't been providing or maintaining these appliances, the clock starts when any of the following occur: a rent increase, a lease renewal or extension, a change in the terms of tenancy, or the addition of a new tenant to the agreement. There is no grace period once any of these happen — compliance is required immediately.

The Stove and Refrigerator Aren't Treated the Same

Here's a distinction worth understanding closely. The law provides no workaround for the stove — you must provide and maintain one, period. There is no scenario in which a tenant can contractually agree to supply their own stove.

The refrigerator is handled differently. Tenants can opt to supply their own, but only when a specific addendum is included in the lease at the time it's signed. You cannot require a tenant to bring their own fridge — it's entirely the tenant's choice, and only after you've offered the option in writing at lease signing. If a tenant who has been providing their own refrigerator later changes course, you have 30 days from their written notice to install one.

One important wrinkle: the tenant-provided refrigerator option is only available when a rental agreement is actually signed. If your triggering event is a rent increase or a change of terms — but not a new lease — you must provide a refrigerator regardless of what both parties might prefer.

What Happens If You Don't Comply?

Non-compliance with habitability requirements in California gives tenants real legal leverage, including the right to withhold rent, use the repair-and-deduct remedy, or raise it as a defense in an eviction proceeding for non-payment of rent. In short, it's exposure you don't want sitting unaddressed.

The Rent Control Wrinkle

If your property is subject to state or local rent control, you cannot add a surcharge to cover the cost of these appliances. That cost falls on you. Increased operating costs can be one factor in petitioning for a "fair rate of return" adjustment under some local ordinances, but the appliance requirement alone doesn't entitle you to a rent increase beyond what's ordinarily permitted.

For Santa Barbara landlords, this matters. The City of Santa Barbara has its own rent control ordinance, and properties within city limits that fall under that program will need to absorb these costs within the existing framework. If you're unsure how the new appliance expenses factor into any petition for adjustment — or whether your property is covered — that's a conversation worth having with an attorney or a knowledgeable property manager before your next triggering event.

A Note on "As-Is" Appliance Clauses

Some older leases include language stating that a stove or refrigerator was provided "as is" and won't be maintained or replaced by the landlord. Once a triggering event occurs, those provisions no longer protect you. At that point, you're fully responsible for the appliance — unless the tenant voluntarily opts in to providing their own through the proper addendum process at lease signing.

Planning Ahead

The safest move is to review your current leases before any triggering event puts you under this law. If you've been relying on tenants to supply appliances, or on "as-is" clauses, the next rent increase or renewal changes everything. Getting ahead of it — whether that means budgeting for appliance purchases, updating your lease forms, or structuring renewals properly — is far easier than responding to a habitability complaint after the fact.

This post is intended for general informational purposes only and does not constitute legal advice. Please consult a qualified attorney for guidance specific to your situation.