Reviewed by Brendan McKee, Managing Broker, DRE #01882732, on October 20, 2026.

Since January 1, 2026, California's habitability statute requires a working stove and refrigerator in most rentals, for any lease entered into, amended or extended on or after that date (Civil Code § 1941.1(a)(10) and (11), added by AB 628). A recalled stove or refrigerator must be repaired or replaced within 30 days of receiving notice of the recall (§ 1941.1(c)). Other appliances, such as a dishwasher or washer, are not on the habitability list, so the lease decides who supplies and repairs them.

The short version

  • Stove and refrigerator: required, kept in good working order, for leases entered into, amended or extended on or after January 1, 2026.
  • A recalled unit does not count as working, and must be repaired or replaced within 30 days of notice of the recall.
  • A tenant may choose to bring their own refrigerator, but only through a specific lease statement. There is no opt-out for the stove.
  • Dishwashers, disposals, washers, dryers and microwaves are lease items. Write down which ones come with the home.
  • A tenant must use appliances properly (Civil Code § 1941.2) and repair damage caused by their own lack of ordinary care (Civil Code § 1929).

The stove and refrigerator rule

Section 1941.1(a) lists what a home must have to be tenantable. AB 628 (Stats. 2025, ch. 342) added two items:

  • A stove "maintained in good working order and capable of safely generating heat for cooking." A recalled stove does not qualify.
  • A refrigerator "maintained in good working order and capable of safely storing food." A recalled refrigerator does not qualify.

Both apply only to a lease entered into, amended or extended on or after January 1, 2026. A lease signed before 2026 that has not been amended or extended is not covered by these two items; once it is amended or extended on or after January 1, 2026, it is.

The rule does not apply to permanent supportive housing, single-room occupancy units, residential hotels, or units with shared or communal kitchens (§ 1941.1(b)).

Because the stove and refrigerator are now on the § 1941.1 list, treat a broken one like any other habitability item. The remedies tenants have for habitability problems are explained on the habitability and repairs page.

The refrigerator opt-out

A tenant may supply and maintain their own refrigerator, but § 1941.1(a)(11)(B) sets three conditions, agreed when the lease is signed:

  1. The lease contains a statement in substantially this form: "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."
  2. The lease lets the tenant, on 30 days' written notice, ask the landlord to install a working refrigerator.
  3. The landlord does not make the tenant supplying a refrigerator a condition of the tenancy.

When the opt-out is in place, the landlord is not responsible for maintaining the tenant's refrigerator. If the tenant later gives the 30 days' written notice, the landlord installs one. The statement says the tenant asked to bring their own refrigerator, so use it only when a tenant actually asks.

The stove has no opt-out.

Recalls: the 30-day deadline

A recalled stove or refrigerator must be repaired or replaced "within 30 days of receiving notice of the recall" (§ 1941.1(c)). The statute does not say how a landlord receives notice of a recall, so act on recall information as soon as you have it.

How to check a unit:

  1. Write down the brand, model number and serial number from the appliance label. Keep them in the unit file.
  2. Search the U.S. Consumer Product Safety Commission's recall list at cpsc.gov/Recalls (opens in a new tab) by brand or product. CPSC's search covers the past 10 years; older recalls are in its downloadable dataset.
  3. If the unit is recalled, follow the remedy in the notice (CPSC lists refund, repair, replace or new instructions) and keep a copy.
  4. Recheck when you buy a replacement and at each turnover.

SaferProducts.gov is a database of consumer complaints, not a recall list. A complaint posted there does not mean a product is recalled.

Range anti-tip brackets

CPSC urges that the anti-tip bracket that comes with a range be installed and engaged. Voluntary safety standards for gas and electric ranges require manufacturers to supply the brackets, and CPSC says to check that the bracket is attached to the wall or floor and holds the range securely. If a bracket is missing, CPSC says to check with the range manufacturer. Check it whenever a range is replaced or moved. These are safety recommendations from CPSC, not a California rental law.

Other appliances and tenant-owned appliances

ApplianceWho supplies and repairs it
StoveLandlord (§ 1941.1(a)(10)), for covered leases
RefrigeratorLandlord (§ 1941.1(a)(11)), unless the tenant chose the opt-out
Water heaterLandlord: hot water is a habitability item (§ 1941.1(a)(3)); see water heaters
Furnace or wall heaterLandlord: heating facilities in good working order (§ 1941.1(a)(4))
Dishwasher, disposal, microwave, washer, dryerThe lease
Appliances the tenant ownsThe lease should say; the refrigerator opt-out is the only one the statute addresses

For lease appliances, a clear clause prevents most disputes. A useful one:

  • Lists each appliance that comes with the home, with model numbers if you have them.
  • Says who repairs each one and how to report a problem.
  • Says whether the tenant may install their own (for example, a washer) and who connects it.
  • Says that the tenant pays for damage caused by misuse, consistent with § 1929 and § 1941.2.

If the lease authorizes it, a security deposit may be used to restore, replace or return personal property or appurtenances, exclusive of ordinary wear and tear (Civil Code § 1950.5(b)(4)). See security deposits.

Gas appliances have one more link: a carbon monoxide device is required in each existing dwelling unit with a fossil-fuel-burning heater or appliance, fireplace or attached garage (Health and Safety Code § 17926(a)). See smoke and carbon monoxide alarms.

Repair requests for appliances

Treat a broken stove or refrigerator like any habitability request: confirm it in writing, schedule the repair, and enter with proper notice under Civil Code § 1954, or by an oral agreement for a time within one week. The handling maintenance requests page sets out the full process. Do not raise rent, reduce services or move to end a tenancy because a tenant asked for an appliance repair; see retaliation, harassment and lockouts.

When replacing an appliance, check whether a permit is needed. In the City of San Diego, repair or replacement of hardwired appliances such as dishwashers, garbage disposals and cooking appliances in a dwelling unit needs no electrical permit if it adds no electrical load to the existing circuit (SDMC § 129.0303(f)), and installing a self-contained refrigerator or freezer needs no mechanical permit (SDMC § 129.0404(a)(4)). Other cities set their own rules. For whether a new appliance is a repair or an improvement for taxes, see repairs vs improvements.

For owners

Before each new lease or renewal, confirm a working, non-recalled stove and refrigerator, record model and serial numbers, and photograph both. Decide in advance how you will handle a tenant who asks to bring their own refrigerator, and use the statutory statement only for tenants who ask.

For renters

Report a broken stove or refrigerator in writing and keep a copy. If you checked the refrigerator box, maintaining your own unit is your job until you give the landlord 30 days' written notice asking for one. Use appliances as designed; damage from misuse may be charged to you.

Local rules

Cities in San Diego County set their own permit rules for appliance work. The City of San Diego's are in SDMC Chapter 12, Article 9; in the unincorporated County, check Planning & Development Services; elsewhere, ask your city's building department.

Frequently asked questions

Does a California landlord have to provide a refrigerator?

Yes, for a lease entered into, amended or extended on or after January 1, 2026, unless the tenant asked to bring their own and the lease contains the statutory checkbox statement (§ 1941.1(a)(11)). The landlord cannot require the tenant to supply one as a condition of renting.

Can the lease say the tenant provides the stove?

No. Section 1941.1(a)(10) requires a working stove for covered leases, and the opt-out in the statute applies only to the refrigerator. Any lease term waiving the tenant's habitability rights as to untenantable conditions is void under Civil Code § 1942.1.

What if my stove or refrigerator is recalled?

The landlord must repair or replace it within 30 days of receiving notice of the recall (§ 1941.1(c)). A tenant who learns of a recall should tell the landlord in writing and include the recall details.

Who fixes the dishwasher or washer?

The lease decides, because these are not on the § 1941.1 habitability list. If the lease is silent, talk it through with the other party and put the answer in writing; for a dispute, ask a California attorney.

Is a tenant-owned refrigerator the landlord's responsibility?

Not when the tenant chose the opt-out: the statute says the landlord is not responsible for maintaining a refrigerator the tenant supplies. The tenant can later ask, on 30 days' written notice, for the landlord to install one.

This is general information, not legal or tax advice. Rules change; confirm your situation with a California attorney, your local building or fire department, or a licensed professional.

McKee Properties manages rentals and runs an in-house maintenance division, Certified Property Maintenance; see maintenance services.

Sources

Verified October 19, 2026.

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