Three 2026 Changes to California Landlord-Tenant Law and Their Connections to the Implied Warranty of Habitability

in Public Policy/Real Estate/Volume X

By Celine Ghanbarian

Introduction

Starting in 2026, California rent laws have worked to raise the standards for rental housing. These new laws are important to note for tenants and landlords alike, and among the changes, this article focuses on three that are especially important: “changes to security deposit policies, requirements for mandatory appliances, and updates to landlord duties when natural disasters occur.”[1] 

This article views these three 2026 California laws as a positive and necessary step forward for fairness and stability in the rental market because they improve basic living conditions and modernize outdated practices; further, these changes can take the implied warranty of habitability, which is already significant for renters, and make it an even stronger requirement for living standards. The implied warranty of habitability requires landlords to maintain a residence in a condition that is fit for human safety.[2] Taken together, these laws create a balanced way of living for renters in California, although they may (potentially) not be among the most drastic changes the state has seen in housing laws over the years.[3] While it may be argued that these laws place a burden on landlords, California’s new laws ultimately improve the rental market by raising the habitability standard.

This article proceeds in three parts. Part I outlines three new laws concerning the landlord-tenant relationship that took effect in California in 2026. Part II examines California’s standard of habitability and how these chosen laws further, relate to, or intersect with that standard, whether directly or indirectly. Finally, Part III explains why these laws are necessary and how they benefit tenants, though they may impose hardship on California landlords.

Part I: Three New Laws

Starting on January 1st, 2026, landlords in California shall act in accordance with the following laws (among others): providing and maintaining working stoves and refrigerators, returning security deposits electronically upon request, and providing care in the event of a natural disaster.[4]

A. Requirements for Mandatory Appliances

First, California landlords must provide and maintain working refrigerators and stoves in (most) residential units for new, amended, or renewed residential leases, as they are essential to habitability.[5] The law is embedded in California Assembly Bill 628 (“AB 628”), approved by Governor Gavin Newsom on October 6, 2025.[6] This bill adds “a stove and refrigerator that are maintained in good working order and are capable of safely generating heat for cooking purposes and capable of safely storing food, respectively, to the list of characteristics required for the dwelling unit to be tenantable for leases entered into, amended, or extended on or after January 1, 2026.”[7] When placed into effect, this allows a tenant and landlord to understand, at the time the lease is signed, amended, or renewed, that the tenant will be provided a functioning refrigerator and stove.

Having a working refrigerator and stove are required for a space to be habitable. Assemblymember Tina McKinnor from Inglewood stated, “A working stove and a refrigerator are not luxuries . . . [t]hey are a necessary part of modern life.”[8] According to the Los Angeles Times in 2022, Los Angeles and Orange County have had the fewest apartments with refrigerators “among nearly two dozen large metropolitan areas nationwide,” and there seems to be no clear reason why not providing refrigerators to tenants was a trend, unfortunately.[9]

The arguments against providing working refrigerators, as discussed in Part III, center around the idea that landlords will have heavy burdens in installing them, thereby leading to litigation and “burdens on the courts,” plus a “dramatic reduction in the state’s availability of rental housing supply.”[10] However, as Part II discusses, a refrigerator is a necessity for a tenant’s apartment to be considered habitable. In any case, the enforcement aspect is “up to local governments,” and cities such as Los Angeles have allowed residents “to file a complaint with the city’s housing department if a landlord refuses to provide cooking and refrigerated storage appliances,”[11] which is a step forward for renters.

B. Changes to Security Deposit Policies

Second, California Assembly Bill 414 (“AB 414”) provides additional options for how landlords and tenants handle security deposits as this law, which amends California Civil Code § 1950.5, now allows for faster and more convenient refund options.[12] California Civil Code § 1950.5 governs residential security deposits, requiring a return of the deposit within “21 calendar days” of moving out minus itemized deductions for any damages the tenant may have caused, if applicable.[13] AB 414 provides, “If the landlord received the security or rental payments from the tenant electronically, the bill would instead require the landlord to return the remainder of the security electronically, as specified, unless the landlord and tenant designated another method of return, by written agreement.”[14] In any case, Civil Code § 1950.5 “is the only law which governs security deposits in the State,”[15] and AB 414 seems to add to it to reflect how money is handled as of 2026. This law aims to make the process of moving out smoother for tenants and landlords alike, especially in the modern day where cash and checks, though still widely used, are sometimes less common in certain areas than electronic forms of payment.[16]

As such, AB 414 modernizes California rental laws and expands the rights of renters. Residents can choose their refund method by agreement, and landlords should be familiar with the appropriate refund process to support the tenant’s choice.[17] The central purpose of this reform is likely to protect tenants because security deposits should be returned if all is well with the unit, and not function as an additional form of profit for the landlord. Further, it is (generally) a good idea to document the condition of the premises before moving in and when moving out to avoid disputes over security deposits. Thus, considering security deposits may have been a topic of discussion among landlords and tenants, this law can potentially resolve some conflicts.

C. Updates to Duties During Natural Disasters

Third, to protect renters who have been affected by natural disasters, such as the Palisades and Eaton Fires,[18] California Senate Bill 610 (“SB 610”) mandates landlords to remove any debris from the rental properties, stop rent during evacuation, return any prepaid rent or security deposits should the renter no longer be able to stay in the unit, permit renters to end leases of the uninhabitable units, and provide notification when the units are habitable once again.[19]

Sadly, natural disasters tend to occur often in the state of California. In recent years, there have been matters such as fires that older landlord-tenant laws may not adequately address, and to address this concern, SB 610 imposes “a duty upon the landlord to undertake certain actions, within a reasonable time and according to specified cleaning protocols, as may be necessary to remediate any dilapidations that arise as a result of a disaster.”[20] This bill addresses the need for tenant rights during disasters in “any structure intended for human habitation” where individuals have been affected.[21]

This was put into place as part of a legislative package to improve wildfire response and housing stability, as homes were lost in the above-named fires, or “coated in soot and ash.”[22] Many of those lost homes were rented,[23] so SB 610 works to strengthen “disaster protections for tenants, mobile home residents, and borrowers” alike by necessitating landlords to “maintain habitable conditions.”[24]  

D. Summary of AB 628, AB 414, and SB 610

Collectively, AB 628 governing mandatory appliances, AB 414 reforming security deposit policies, and SB 610 updating landlord duties during natural disasters, took effect to help ensure tenants’ rental rights are protected. The overall goal of these laws is likely to maintain a stable landlord-tenant relationship.

Part II: The Implied Warranty of Habitability

A. What is the Implied Warranty of Habitability in California?

Under Civil Code § 1941.1, California defines the legal minimum standards for a habitable rental dwelling, which requires landlords to maintain safe and sanitary living conditions.[25] The chosen three laws which this article discusses, whether directly or indirectly, build on or connect to this requirement, which includes:

“(1) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.

(2) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.

(3) A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.

(4) Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.

(5) Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.

(6) Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.

(7) An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under their control.

(8) Floors, stairways, and railings maintained in good repair.

(9) A locking mail receptacle for each residential unit in a residential hotel, as required by Section 17958.3 of the Health and Safety Code. This subdivision shall become operative on July 1, 2008.

(10) Except as provided in subdivision (b), a stove that is maintained in good working order and capable of safely generating heat for cooking purposes. A stove that is subject to a recall by the manufacturer or a public entity is not capable of safely generating heat for cooking purposes. This paragraph shall only apply to a lease entered into, amended, or extended on or after January 1, 2026.

(11) (A) Except as provided in subdivision (b) and subparagraph (B), a refrigerator that is maintained in good working order and capable of safely storing food. A refrigerator that is subject to recall by the manufacturer or a public entity is not capable of safely storing food.”[26]

A dwelling “shall be deemed untenantable for purposes of Section 1941” if it lacks these “affirmative standard characteristics.”[27]  

B. How the Chosen Three New Laws Connect to the Implied Warranty of Habitability

Because the implied warranty of habitability is important, and often the subject of many lawsuits in California, the legal (and practical) implications of the three laws that this article highlights are likely significant. These laws can expand habitability standards in various ways, such as AB 628, which can increase opportunities for tenants and require compliance by landlords, and which may connect with “habitability defenses in eviction cases, repair-and-deduct claims, security deposit disputes” and “code enforcement actions.”[28] While AB 628 directly ties into the implied warranty of habitability and SB 610 broadly yet directly intersects with the standard in the context of disaster relief, AB 414 indirectly relates to the implied warranty of habitability.

First, AB 628 is directly and fully tied or connected to the implied warranty of habitability as it requires landlords to provide working stoves and refrigerators, which households need to stay functional.[29] There is no question that these items are necessities, just like working restrooms, heating and cooling systems, and more; further, appliance issues are most connected to habitability as appliances are functionally necessary to create a safe living environment, and not providing them may result in a violation of habitability standards, given “the exposure is not theoretical” and “[t]hese issues routinely arise.”[30] By clarifying which appliances are required in AB 628, California expands Civil Code § 1941.1, strengthens habitability enforcement, and potentially reduces lawsuits because habitability lawsuits can begin with uncertainty where tenants claim landlords must provide or repair an appliance while landlords argue it is the tenant’s responsibility. Therefore, a stove and refrigerator “are now part of California’s statutory habitability requirements.”[31]

Second, while security deposit reform in AB 414 is not directly related to the implied warranty of habitability, this article views AB 414 as a tenant-protection measure that may still indirectly relate to habitability through remedies. When landlords maintain poor housing conditions, tenants are more likely to move out, demand repair, or file complaints, given that “[e]ven if tenants knew that their unit was not up to these standards when they moved in, it is still the landlord’s responsibility to make all units habitable.”[32] Should there be security deposit deductions due to poor housing conditions, disagreements about fault allocation and habitability disputes may arise between the landlord and tenant. By requiring “documentation” through AB 414, this reform may reduce the landlord’s ability to unfairly withhold security deposits, and can create a clear record for payments and deductions.[33] As such, AB 414 does not connect to the implied warranty of habitability like AB 628 and SB 610 do, but may indirectly relate to it by regulating deductions of the security deposit that can arise from damages that affect habitability conditions under Civil Code § 1941.1. Thus, AB 414 may help clarify whether security deposit deductions concern the tenant’s or landlord’s obligations, with an electronic trail.

Third, SB 610, which requires landlords to provide care in the event of a natural disaster[34], can directly intersect with the habitability requirement though it more broadly concerns protections related to disaster(s). When disasters occur, it is important that a landlord is willing and able to provide their tenant with a habitable premises to ensure the tenant does not suffer further harm in an uninhabitable premises. SB 610 seems to expand the legal framework to include disasters that were previously treated as temporary, like fires; thus, by updating landlord duties for when disasters occur, California seems to be modernizing habitability standards to reflect the real risks that may occur more often now than in previous years, therefore encouraging appropriate repairs, prompt disclosure, and relocation (should it be needed).[35]  

Overall, the laws listed above have varying connections to habitability and either directly (AB 628 and SB 610) or indirectly (AB 414) relate to habitability standards, which can reflect a trend of California providing agencies with tools “to detect and remedy unsafe housing.”[36]  

Part III: The Importance of These Laws for Landlords and Tenants

“Residential rental compliance in California” will likely see an upgrade with these laws.[37] The implementation of these laws provides benefits for tenant rights by improving living conditions with mandatory appliances, reducing financial instability with prompt security deposit measures, and protecting tenants during crises, some of which may allow tenants to “rest easier.”[38] Although these are beneficial for tenants, landlords may face some burdens[39] as landlords must ensure refrigerators and stoves are operational, security deposit methods are followed up on, and natural disaster obligations are promptly handled.[40] It may be important to note that for landlords, mandatory appliances can increase costs, security deposit compliance can require more detailed documentation, and disaster obligations may cause delays or perhaps insurance complications. In any case, safe housing cannot be optional, and it is important that tenants’ rights are recognized.  

Conclusion

In conclusion, AB 628, AB 414, and SB 610 address housing concerns for tenants in California, and can directly or indirectly expand or support habitability requirements. These three laws advance transparency and fairness in the rental process between landlords and tenants, are designed to provide greater stability to California’s housing market, and take a positive step forward.


[1] Anthony Marinaccio, New California Rent Laws Going Into Effect in 2026, Marinaccio Law (Dec. 17, 2025), https://marinacciolaw.com/new-california-rent-laws-2026/

[2] Cal. Civ. Code § 1941.1 (West 2026).

[3] Marinaccio, supra note 1.

[4] Id.  

[5] Nadia Lathan, A New California Law Requires a Working Fridge in All Apartments. LA Landlords Fought It, CalMatters (Dec. 30, 2025), https://calmatters.org/housing/2025/12/california-new-law-apartments-fridge/

[6] Assemb. B. 628, 2025-2026 Reg. Sess. (Cal. 2025).

[7] Id., Legis. Couns.’s Dig.

[8] Lathan, supra note 5.

[9] Liam Dillon, Why Do So Many L.A. Apartments Come Without Fridges? Inside the Chilling Mystery, L.A. Times (May 18, 2022), https://www.latimes.com/homeless-housing/story/2022-05-18/fridge-los-angeles-apartment-tenants

[10] Lathan, supra note 5.

[11] Id.

[12] Assemb. B. 414, 2025-2026 Reg. Sess. (Cal. 2025).

[13] Cal. Civ. Code § 1950.5(h)(1) (West 2026).

[14] Assemb. B. 414, 2025-2026 Reg. Sess., Legis. Couns.’s Dig. (Cal. 2025).

[15] 16. Security Deposit for a Residential Rental Unit, Greenstein & McDonald, https://greensteinmcdonald.com/frequently-asked-questions/security-deposit-for-a-residential-rental-unit/ (last visited Mar. 2, 2026).

[16] What Property Managers Need to Know About California Assembly Bill 414 and the Shift to Electronic Security Deposit Refunds, GoZego, https://www.gozego.com/articles/electronic-security-deposit-refunds-california/ (last visited Mar. 2, 2026).

[17] Id.

[18] Top 20 Deadliest California Wildfires, Cal. Dep’t of Forestry & Fire Prot. (Oct. 9, 2025), https://34c031f8-c9fd-4018-8c5a-4159cdff6b0d-cdn-endpoint.azureedge.net/-/media/calfire-website/our-impact/fire-statistics/top-20-deadliest-ca-wildfires.pdf?rev=6758f8a5ca3d4d30bcd1f2ebaeeaed87&hash=D5D11592B2B3231AE40E1D60D331796C

[19] Marinaccio, supra note 1.

[20] S.B. 610, 2025-2026 Reg. Sess., Legis. Couns.’s Dig. (Cal. 2025).

[21] S.B. 610, 2025-2026 Reg. Sess. (Cal. 2025).

[22] David Wagner & Yusra Farzan, The LA Fires Raise Many Questions for Renters. LAist Has Answers, LAist (Jan. 17, 2025), https://laist.com/news/housing-homelessness/los-angeles-fires-renters-rights-guide

[23] Id.

[24] Helping Fire Survivors Access New Support, L.A. Cnty. Recovers, https://recovery.lacounty.gov/new-laws/ (last visited Mar. 2, 2026).

[25] Cal. Civ. Code § 1941.1 (West 2026).

[26] Id. § 1941.1(a)(1)-(11).

[27] Id. § 1941.1(a).

[28] Devin Lucas, California Landlord-Tenant Update for 2026: New Refrigerator and Stove Appliance Requirements You Need to Know, Lucas Real Estate Grp. (Jan. 22, 2026), https://lucas-real-estate.com/california-landlordtenant-refrigerator-and-stove/

[29] Assemb. B. 628, 2025-2026 Reg. Sess. (Cal. 2025).

[30] Lucas, supra note 28.

[31] Id.

[32] Landlord-Tenant Issues, Cal. Dep’t Of Just., Off. Att’y Gen., https://oag.ca.gov/tenants#:~:text=Tenants%20with%20health%20or%20safety,they%20have%20with%20their%20landlord. (last visited Mar. 4, 2026).

[33] Assemb. B. 414, 2025-2026 Reg. Sess. (Cal. 2025).

[34] S.B. 610, 2025-2026 Reg. Sess. (Cal. 2025).

[35] Id.; see also Top 20 Deadliest California Wildfires, supra note 18.

[36]Information Bulletin – Enforcement of State Housing Law Habitability Requirements at Multi-Family Properties, Cal. Dep’t Of Just., Off. Att’y Gen. (July 26, 2024), https://oag.ca.gov/system/files/attachments/press-docs/Information%20Bulletin%20on%20Code%20Enforcement%5B1%5D.pdf

[37] Marinaccio, supra note 1.

[38] Id.

[39] Lathan, supra note 5.

[40] Marinaccio, supra note 1.


Leave a Reply

Your email address will not be published.

*