Habitability

Working Appliances Are Now a Habitability Requirement (AB 628), and Why That Affects Your Evictions

Effective January 1, 2026, AB 628 makes a working stove and refrigerator part of a habitable rental in California. For owners, that means an appliance you don't maintain can become a habitability problem, and habitability problems are one of the most common defenses tenants raise to slow or defeat an eviction. Keeping units in repair is not just good practice; in 2026 it is more directly tied to your ability to enforce the lease.

AB 628 sounds minor. It requires a working stove and refrigerator, but for owners it carries more weight than the headline suggests. By folding appliances into the habitability standard, it gives tenants one more thing to point to when a unit is not maintained, and habitability is a frequent defense in eviction cases.

What AB 628 requires

As of January 1, 2026, a working stove and refrigerator are treated as part of a habitable rental unit under California's implied warranty of habitability. Providing and maintaining them is now part of an owner's habitability obligations, alongside the other conditions the warranty already covers.

Why appliances now affect evictions

Habitability is not just a maintenance issue. It is a defense. When a unit falls below the habitability standard, a tenant can raise it as a defense in an unlawful detainer, pursue repairs, or in some situations reduce or withhold rent. That means an unaddressed habitability problem can complicate or slow a nonpayment eviction. By adding appliances to the standard, AB 628 gives that defense a little more reach.

What owners should do

The practical response is straightforward: treat repair requests seriously and promptly, and document both the condition of the unit and the work you do. Letting a habitability issue sit unaddressed while you pursue an eviction is exactly the situation that hands a tenant a defense. Prompt, documented maintenance protects both your tenants and your ability to enforce the lease.

Habitability and the bigger picture

AB 628 fits a broader trend: California increasingly ties an owner's remedies to the condition of the unit. Habitability connects to move-in and move-out documentation, to the security-deposit rules, and to code enforcement. A well-maintained, well-documented unit is the one that protects your rent and any future case. The opposite is the one that invites problems.

Frequently asked questions

Do I have to provide a stove and refrigerator now?
As of January 1, 2026, a working stove and refrigerator are treated as part of a habitable unit under AB 628, and maintaining them is part of your habitability obligations.
Can a broken appliance really affect my eviction?
Habitability problems are a common defense in unlawful detainer cases and can slow or complicate a nonpayment eviction. Addressing repairs promptly reduces that risk.
What should I do when a tenant reports a needed repair?
Respond and document promptly. Letting a habitability issue linger while pursuing an eviction can undermine the case, so it is worth confirming the right approach for your situation.

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