Your Tenant's Broken Fridge Just Became a Legal Problem
A stove that won't light or a refrigerator that can't hold a safe temperature used to be a maintenance ticket. As of January 1, 2026, it can be a habitability violation. Two new California laws, Assembly Bill 628 and Assembly Bill 414, quietly rewrote the rules for how Fremont, CA rental owners handle appliances and security deposits, and both apply to every lease signed, renewed, or amended this year. East Bay Property Management has spent more than 15 years helping owners across Fremont and the East Bay navigate exactly this kind of shifting compliance landscape, and this guide breaks down what AB 628 and AB 414 mean for your properties, your leases, and your bottom line.
Key Takeaways
Stoves and refrigerators are now legally required for a rental unit to be considered habitable, effective for leases signed, renewed, or amended on or after January 1, 2026.
AB 628 applies going forward, not retroactively — it kicks in the moment you issue a new lease, renewal, or written amendment this year.
Tenants can supply their own refrigerator, but only with a written agreement, and they can request a landlord-provided unit with 30 days' notice.
Recalled appliances must be addressed fast — landlords generally have 30 days to repair or replace a recalled stove or refrigerator, or tenants may use repair-and-deduct remedies.
AB 414 modernizes security deposit returns, allowing electronic refunds on request and requiring itemized, per-tenant accounting on shared leases.
AB 628: Stoves and Refrigerators Are Now Habitability Essentials
The New Habitability Standard
Before 2026, California's habitability law focused on things like plumbing, heat, and weatherproofing. Appliances were treated as extras. AB 628 changes that by adding a working stove and a working refrigerator to the list of features a dwelling must have to be considered legally habitable. A unit that substantially lacks either one can now be classified as untenantable, which opens the door to rent withholding, repair-and-deduct claims, and complications if you ever need to pursue an eviction.
What it means: If you've historically left appliance decisions up to individual leases or verbal understandings, that approach no longer holds up. Every applicable lease needs to spell out who is providing the stove and refrigerator, and both must be in good working order at move-in.
Who the Law Applies To
AB 628 applies to any lease that is signed, renewed, or formally amended on or after January 1, 2026. If your last lease with a tenant was signed in 2024 and hasn't changed since, the law doesn't retroactively apply. But the moment you issue a renewal, even a routine one, the new requirements kick in.
Real-world example: Say you own a duplex in Fremont and a tenant's lease comes up for renewal this spring. If that unit has a refrigerator that barely keeps food cold, signing the renewal without addressing it could expose you to a habitability claim within the first few weeks of the new lease term.
Tenant-Supplied Appliances and Exceptions
Tenants can choose to provide their own refrigerator instead of using a landlord-supplied one, but that arrangement has to be documented in writing at lease signing. If a tenant later wants a landlord-provided refrigerator instead, they can request one with 30 days' notice. A verbal agreement about appliances won't hold up if a dispute arises later.
Repair Timelines and Recalls
Landlords must repair or replace broken stoves and refrigerators within a reasonable time after receiving notice, and appliances subject to a manufacturer recall generally must be addressed within 30 days. Miss that window, and tenants may be entitled to use repair-and-deduct remedies, withholding a portion of rent to cover the cost themselves. Checking a unit's appliances against the CPSC recall database before every lease signing, and routing repairs through a responsive maintenance process, is a simple way to stay ahead of this.
AB 414: Security Deposits Get a Digital Upgrade
Electronic Refunds Are Now an Option
Under AB 414, landlords who already collect rent or security deposits electronically must offer tenants the option of an electronic security deposit refund upon request. This closes a long-standing gap where landlords could accept digital rent payments but still insisted on mailing a paper check for the deposit return, often delaying the process and increasing the odds of a lost or stale check.
What it means: If your rent collection process is already electronic, your deposit return process needs to catch up. That likely means updating your move-out procedures and your financial reporting workflows so refunds and itemized statements can go out digitally when requested.
Itemized Accounting for Shared Leases
For units with multiple tenants on a single lease, AB 414 requires that the itemized statement of deductions break out each tenant's individual share, rather than handing over one lump-sum total. This matters for roommate situations and shared housing across Fremont and the wider East Bay, where multi-tenant leases are common near transit corridors and job centers.
Real-world example: Three roommates share a rental and move out at the same time. Under the old approach, a single combined itemized statement might have been acceptable. Under AB 414, each roommate needs to see their individual share of any deductions clearly broken out, which means your move-out accounting needs more precision than a simple total.
Frequently Asked Questions
Does AB 628 apply to my existing lease if nothing has changed?
No. If a lease was signed before January 1, 2026 and hasn't been renewed or formally amended since, AB 628 doesn't apply retroactively. It takes effect the moment you sign a new lease, process a renewal, or make a written amendment to the existing agreement.
What counts as a "working" stove or refrigerator under the new law?
The law doesn't set an exact technical threshold, but a refrigerator that can't safely maintain food-safe temperatures or a stove that can't safely generate heat for cooking would clearly fall short. Minor cosmetic issues generally won't rise to a habitability claim, but anything affecting core function should be documented and addressed promptly.
Do I have to offer electronic security deposit refunds to every tenant?
Only if you already accept rent or security deposits electronically from that tenant. If so, AB 414 requires you to offer an electronic refund option upon the tenant's request, in addition to whatever traditional methods you already use.
Stay Ahead of California's Changing Rental Laws
AB 628 and AB 414 are part of a broader pattern: California's rental laws keep evolving, and owners who stay ahead of them protect their investments, while those who don't often find out the hard way. Between mandatory appliance standards and modernized deposit accounting, 2026 is already asking more of Fremont landlords than most people expected. You don't have to track every legislative session and update your leases on your own. East Bay Property Management has spent more than 15 years keeping East Bay owners compliant, protected, and profitable. Call us at 510.894.1753 or schedule a consultation to make sure your Fremont rental is covered from every angle.
