Since January 1, 2026, California law treats a working stove and refrigerator as basic habitability, the same category as heat and running water. The requirement attaches to any lease signed, renewed, amended, or extended after that date. A tenant can elect in writing to bring their own refrigerator. A stove, never.
The fridge was there by custom, not by law
I have walked a lot of San Diego rentals over the years, and most houses came with a refrigerator. Call it eight or nine out of ten. But it was there by custom, not by obligation. Every so often an owner chose not to provide one, and just as often it was the tenant who preferred to bring their own, a fridge they trusted that had already made a move or two with them. Nobody thought much about any of it because the law had nothing to say about it. The stove was always there. The refrigerator was a handshake.
Assembly Bill 628 put the handshake into the Civil Code. The Governor signed it in October, it took effect January 1, and it amends section 1941.1, the state’s list of what makes a rental habitable in the first place. Running water is on that list. Heat is on that list. As of this year, so are a working stove and refrigerator, and every one of the informal arrangements I just described now needs paperwork behind it.
What the law actually requires
The mechanics matter, so here they are plainly. Any lease entered into, amended, renewed, or extended on or after January 1, 2026 must include a stove capable of safely generating heat for cooking and a refrigerator capable of safely storing food, both maintained in good working order by the landlord. That word renewed is the one to notice. This is not just a new-tenancy rule. The day you renew an existing lease, the requirement attaches to that tenancy too, which means most owners will be pulled into this law within the year whether they place a new tenant or not.
There is one exit, and it is narrow. At lease signing, you and the tenant can agree in writing that the tenant provides their own refrigerator. The lease has to carry specific statutory language acknowledging that choice, you cannot make it a condition of the tenancy, and the tenant can change their mind later with 30 days written notice, at which point you owe them a refrigerator in good working order. There is no version of this for stoves. The stove is yours, full stop.
Two smaller pieces owners miss. An appliance under a manufacturer recall is legally noncompliant even if it still runs, and you have 30 days from notice of the recall to repair or replace it. And the law’s exemptions cover single room occupancy units, residential hotels, and housing with shared kitchens, not the single family homes and condos most San Diego owners hold.
What habitability status means for your rental
Habitability is not a courtesy category. When a refrigerator is a habitability item, a dead compressor sits on the same legal shelf as a dead furnace, and the tenant remedies that attach are the serious ones: repair and deduct, rent withholding, a habitability defense if a dispute ever reaches court. A slow response to a $150 repair can now do damage far beyond the repair.
The money side is smaller than most owners fear. A serviceable new refrigerator runs roughly $800 to $1,200 delivered, which is about a week of rent on a typical San Diego house, and spread over a ten year service life it is one of the cheapest systems in the building. The real cost shows up when owners treat the requirement casually. The twenty year old garage fridge pressed into service and now carrying a legal duty to run. The tenant-owned refrigerator with no written election behind it. The renewal signed on a 2024 lease form that never mentions appliances at all.
Read the lease before it renews
If you are renewing a lease this year, this is now the second reason to read the document before it rolls over. The first is the rent cap exemption language I wrote about in July, which most single family homes need in the lease, word for word, to stay outside the cap. Lease paperwork is doing more legal work in 2026 than it has in years.
The owners who get caught by AB 628 will not be the ones who refused to buy a refrigerator. They will be the ones whose lease never mentioned one.
Joe Wiseman is a licensed California broker (DRE #02043323) and owns Best Nest Property Management in San Diego.