Habitability: What a California Landlord Must Maintain

Not legal advice. We’re property managers, not attorneys. This post reflects our professional experience — not legal counsel. For your specific situation, consult a licensed attorney ↓

Key Facts

California landlords must keep rentals fit to live in, meeting a statutory list that now includes a working stove and refrigerator. If a landlord doesn't repair within a reasonable time, tenants can repair and deduct up to one month's rent.

Citation
Civ. Code §§ 1941, 1941.1, 1942 (as amended by AB 628)
Status
In force
Jurisdiction
California
Applies to
All California residential landlords
Key numberValueAs of
Stove and refrigerator requiredLeases entered into, amended, or extended on or after Jan 1, 2026Jan 1, 2026
Recalled applianceRepair or replace within 30 days of noticeJan 1, 2026
Repair-and-deduct limitUp to one month's rent, twice in 12 monthsSep 25, 2026
Presumed reasonable repair time30 days after noticeSep 25, 2026

Last reviewed Sep 25, 2026 · Checked against the official text · Changed in 2026

What it requires

  • Keep the unit weatherproof, with working plumbing, gas, hot and cold water, heating, and electrical; clean and pest-free common areas; adequate trash receptacles; and safe floors, stairs, and railings.
  • For leases entered into, amended, or extended on or after January 1, 2026, provide a working stove and refrigerator. A tenant may choose to supply the refrigerator using the lease language the law requires.
  • Repair or replace a recalled stove or refrigerator within 30 days of notice of the recall.
  • If a landlord doesn’t repair within a reasonable time after notice (30 days is presumed reasonable), the tenant may repair and deduct up to one month’s rent, no more than twice in 12 months, or move out.

Owner checklist

  • Log every repair request with the date received
  • Confirm a stove and refrigerator for every new, amended, or renewed lease
  • Check appliance recalls at turnover
  • Fix leaks and moisture before the rainy season

What changed and what’s next

  • Jan 1, 2026: Working stove and refrigerator added to habitability standards (AB 628)

From our East Bay files

We see this pattern in older Oakland and Berkeley buildings more than any other habitability issue: a repair that would have cost a few hundred dollars in November becomes a full remediation project by February.

All East Bay Properties, Emeryville

Article provided for general informational purposes only and does not constitute legal advice. California landlord-tenant law is subject to change, and local ordinances in Berkeley, Oakland, and other East Bay cities may impose requirements beyond those described here. Consult a licensed attorney or qualified property management professional before taking action based on any information in this guide.

Jason Crouch · Founder, All East Bay Properties · CA DRE #01295378 · Licensed broker and East Bay property manager since 2005
Jason Crouch · Founder,
All East Bay Properties

Jason Crouch is the founder of All East Bay Properties, which he established in Emeryville in 2005. For more than 20 years, he has managed residential rental properties across Oakland, Berkeley, Emeryville, and the broader East Bay — navigating some of California’s most tenant-protective rental markets in the country.

Jason holds a California real estate broker license (DRE #01295378) and is a member of the National Association of Residential Property Managers (NARPM) — the professional association for property management specialists — and is a member of the Bridge Association of Realtors. He has served as Chair of the Emeryville Chamber of Commerce, as incoming Chair of the Oakland Association of Realtors, and on the board of BridgeMLS. He was also a board member of ECAP, the Emeryville Citizens Assistance Program.

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