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New California Rental Laws for 2026 Every Landlord Should Know
- AB 628: a working stove and refrigerator are now part of habitability for most new, renewed or amended leases.
- AB 246: a Social Security hardship defense in nonpayment cases, through January 20, 2029.
- AB 414: security deposit refunds go out electronically by default when the tenant paid electronically.
- AB 1414: tenants can opt out of bundled internet service.
- SB 610: new duties after fires and other disasters.
AB 628: stove and refrigerator
For leases entered into, renewed, amended or extended on or after January 1, 2026, a working stove and refrigerator are part of the landlord's duty to provide a habitable unit. A tenant and landlord can agree in writing that the tenant will supply the refrigerator. If an appliance is recalled, the landlord has 30 days after notice to repair or replace it. Some housing types, such as short term rentals and units with shared kitchens, are exempt. Before serving a nonpayment notice, make sure there is no open repair issue with these appliances, since habitability problems are a common defense.
AB 246: Social Security hardship defense
The Social Security Tenant Protection Act of 2025 lets a tenant raise, as a defense in a nonpayment case, that their Social Security benefits were delayed or interrupted. If the tenant shows this, the court must pause the case while benefits are interrupted. The rent is not forgiven: the tenant must pay the past due amount, or agree to a payment plan, within 14 days after benefits resume. The law runs until January 20, 2029 unless extended. If a tenant tells you about a benefits problem, document it and talk to us before filing.
AB 414: electronic deposit refunds
If the tenant paid rent or the deposit electronically, the landlord must return the refundable deposit electronically unless both sides agree otherwise in writing, and must tell the tenant about this right. The itemized statement can be delivered by email if the parties agree. When several adults share a lease, the default is a single joint refund unless the lease says otherwise. This builds on 2025's AB 2801, which requires photos documenting the unit's condition and limits cleaning and repair deductions. Remember that since July 1, 2024, most landlords may collect no more than one month's rent as a deposit.
AB 1414: internet opt out
For tenancies that begin, renew or continue month to month on or after January 1, 2026, a landlord generally cannot require the tenant to pay for internet service bundled with the rent or from a specific provider. The tenant must be allowed to opt out, and if the opt out is not honored the tenant may deduct the fee from rent.
SB 610: after a disaster
After fires and other declared disasters, landlords must remove debris and address hazards, and a damaged unit is presumed unfit until cleared. Rent pauses during mandatory evacuations and while the unit cannot be lived in, prepaid rent must be returned if the tenancy ends because the unit was destroyed, and tenants receive written updates. Given recent fires in Southern California, owners should review their insurance and emergency plans with these rules in mind.
Also worth knowing
- Tenants have 10 days to answer an eviction lawsuit since 2025.
- Every 3 day notice should meet the Eshagian v. Cepeda checklist.
- The Tenant Protection Act's rent cap remains 5% plus inflation, never more than 10%, and the Act is set to expire January 1, 2030.
This article is general information about California law as of its date, not legal advice for your situation. Laws and local ordinances change, and court decisions can be reviewed or reversed. Reading it does not create an attorney client relationship.