New California Appliance Habitability Law Takes Effect

January 26, 2026

Effective January 1, 2026, a new California appliance habitability law now requires landlords to provide a working stove and refrigerator in residential rental units.

Traditionally, these appliances were often seen as personal property of the landlord and fell outside core habitability requirements.

The new law, California AB 628, expands existing California rental habitability requirements, adding working stoves and refrigerators to the list of characteristics that includes running water, heat, electricity, and working plumbing necessary for a unit to be considered habitable.

For attorneys who handle habitability claims and eviction defenses in California, the new bill is significant because it directly impacts arguments on the implied warranty of habitability, narrowing landlord defenses and creating liability when these appliances fail.

Today, Edrington & Associates will dive deeper into AB 628, and its effect on California landlord compliance in 2026.

A Brief History of California Rental Habitability Requirements

In 1974, the California Supreme Court case of Green v. Superior Court established the implied warranty of habitability for rental properties.

The ruling created the requirement for landlords to keep their rented properties in a livable condition in compliance with building and housing codes, no matter what the tenant pays, or if the rental agreement is “under the table”.

Today, the implied warranty of habitability ensures that if a rental unit lacks the basic necessities of functionality, the landlord will be held to their responsibility to fix the issue.

However, until the passage of AB 628, appliances like stoves and refrigerators sat in a legal gray area.

Landlords and property owners argued that these appliances were not part of habitability requirements, but rather personal property of the landlord, and not an integral part of the property. This created ambiguity in habitability claims involving these appliances.

With the passage of AB 628, that ambiguity has been removed, placing new responsibilities on landlords to provide these appliances and ensure they are in normal working order.

What California AB 628 Actually Requires

California AB 628 clearly establishes that for a rental property to meet the implied warranty of habitability it must include:

A stove capable of generating heat for cooking purposes
A refrigerator capable of safely storing food

But it’s not enough just to have these appliances. California AB 628 requires these appliances to be maintained and in good working order.

For example, a stove that has only one working burner, or a refrigerator with a freezer that doesn’t actually keep food frozen would not meet the implied warranty of habitability under AB 628.

If one of these appliances does not meet the standard of what a reasonable person would expect it to do, the landlord must repair or replace the unit.

The bill also requires a landlord to repair or replace a stove or refrigerator that is subject to recall within 30 days of receiving the notice.

Lastly, earlier drafts of the bill stipulated that landlords must replace stoves and refrigerators every 10 years, however that requirement was ultimately removed. The primary condition is good working order of the appliance, not age.

Can Tenants Provide Their Own Appliances?

California AB 628 does allow one exception to landlord appliance requirements in California. A tenant can choose to provide their own refrigerator, as long as specific conditions are met.

The tenant and landlord must make an agreement at the time the lease is signed that the tenant will provide their own refrigerator. The lease must include clear and specific language that the tenant is responsible for maintaining the refrigerator.

However, California AB 628 does allow the tenant to later notify the landlord that they will no longer be providing their own refrigerator. Once notified, the landlord will have 30 days to provide a working refrigerator for the tenant.

All of this applies to refrigerators only. At the time of this writing, there is no exception for tenants to provide their own stove.

For litigators, these exceptions are important to be aware of. Missing lease language, outdated forms, or informal handshake agreements around these requirements aren’t likely to hold up under scrutiny in habitability defenses in eviction proceedings in California.

How AB 628 Coincides With California Civil Code §1942.4

California Civil Code §1942.4 limits a landlord’s ability to enforce lease obligations when there is a violation of rental unit habitability in California, and AB 628 now fits neatly into the broader framework governing rental unit habitability in California.

When all statutory conditions under Civil Code §1942.4 are met, including:

Demonstrated lack of habitability, (now including a non-working stove and/or refrigerator)
Landlord has received a written notice of violation or citation
Issue still exists 35 days after notice is served
Issue is not caused by tenant

The landlord may not:

Collect rent
Increase the rent
Serve a 3-day notice to pay rent or quit

When a landlord violates these restrictions, the tenant may sue the landlord for damages and attorneys’ fees.

For attorneys, appliance failures are now a much stronger basis for habitability defenses in eviction cases in California.

Habitability Defenses in California Eviction Cases

Despite AB 628 seemingly placing the bulk of responsibility on landlords, there are still some defenses for landlords in habitability and eviction cases.

Tenants must still give landlords proper notice of an issue, and allow them a fair opportunity to fix the issue before a habitability claim can be brought.

Landlords typically inspect a rental unit at the beginning and at the end of a tenancy. In between, there is very limited right for a landlord to enter an occupied unit. That puts the responsibility to notify the landlord of any habitability issues squarely on the tenant.

If a stove, refrigerator, or other essential service like running water or sewage stops working, the tenant must inform the landlord. Failure to do so is a critical piece of evidence in a potential habitability case.

Courts will look to determine whether the landlord knew, or should have reasonably known, about the issue, and whether or not they were given a fair opportunity to fix it.

Written notice from the tenant is the best proof that the landlord knew of the issue.

The tenant also has a responsibility to keep appliances relatively clean and to not cause any damage. If the tenant’s action has damaged the appliance to the point it stops working, it presents a much different case than one that has failed due to normal wear and tear or age.

California AB 628 gives tenants more rights, but does not absolve them from their own responsibilities.

How AB 628 Affects Habitability and Eviction Litigation

With AB 628 becoming law, eviction defense attorneys now have a new statutory hook. Failure to provide a working stove and/or refrigerator is directly tied to a unit’s habitability, and can be used to defend against eviction if applicable to the case.

For attorneys defending landlords, the law leaves room for defense. The question is no longer whether these appliances are tied to habitability concerns, but whether the landlord was properly notified of an issue, and whether or not they attempted to resolve the issue within a reasonable amount of time.

In these cases, an expert witness for habitability cases in California can help establish whether the statutory standards were met for trier of fact. An expert witness can answer questions such as:

Whether or not an appliance met the requirement of “good working order”
How long the condition existed
Whether or not the landlord was given proper notice
Whether the landlord acted in a reasonable amount of time to resolve the issue

While AB 628 was enacted at the state level, some local jurisdictions may have stricter timelines and penalties than state law allows for tenant harassment or failure to repair frameworks. The more restrictive ordinance will take precedence over the state law.

AB 628: California Landlord Compliance 2026 Key Takeaways

AB 628 doesn’t reinvent the wheel when it comes to California’s implied warranty of habitability, but it does add two significant obligations for landlords that were previously open to interpretation.

By expressly including fully functioning stoves and refrigerators among the requirements for a rental property to be considered habitable, attorneys defending landlords in habitability cases have a narrower defense position. Documentation becomes more important than ever in proving that the standard of habitability has been met or violated.

Whether you are representing a tenant or defending a landlord against habitability claims, retaining an expert witness, such as Edrington & Associates, can turn the case in your clients’ favor.

With over 20 years of experience as landlords and property managers, we can speak to habitability standards including appliance functionality, inspection records, and repair timelines to uncover the facts in habitability cases.

Contact Edrington & Associates today for an initial case consultation, and let us help you build a winning case strategy.