As a result of bills enacted by the California legislature, we will see changes to a number of California laws in 2026. To help our clients and partners navigate these changes, ICLS legal staff have compiled a list of pertinent law changes that will take effect this year, as they relate to ICLS’s practice areas.
Housing
Important Updates to California Tenant Rights (Effective January 1, 2026)
California has made several statewide changes to landlord-tenant law that strengthen tenant protections and clarify landlord responsibilities. These updates focus on habitability, eviction protections, fees, security deposits, and how notices must be served.
While local cities may have additional rules, these changes apply across California and are designed to promote fairness, transparency, and housing stability.
Stronger Habitability Protections for Renters
Assembly Bill 628 reinforces the basic standard that rental housing must be livable. Beginning January 1, 2026, landlords are required to provide a working refrigerator and stove in residential rental units. This change recognizes that access to food storage is not a luxury—it is a basic necessity tied to health and safety. If a refrigerator or stove is broken or missing, tenants now have clearer legal footing to demand repairs or replacement.
What it means for you:
If you rent a home or apartment, your landlord must provide a working refrigerator. If the fridge is missing or broken, you can ask for it to be repaired or replaced. A refrigerator is now legally recognized as a basic part of a habitable home. If you began your tenancy before 1/1/26, please reach out if you need legal advice on your situation.
Clear Duties After Natural Disasters: Smoke, Ash, and Mold
Senate Bill 610 (SB 610) directly addresses confusion tenants faced after recent wildfires. In the aftermath of the January fires, many renters were told—incorrectly—that smoke and ash cleanup were their responsibility. SB 610 makes clear that it is the landlord’s duty to remove disaster-related hazards. This includes smoke damage, smoke residue and odor, ash, mold, asbestos, and water damage. Tenants should not be forced to live in unsafe or toxic conditions following a natural disaster, and landlords may not shift that responsibility onto renters.
What it means for you:
After a wildfire or other natural disaster, your landlord—not you—is responsible for cleaning up smoke damage, ash, smoke odor, mold, water damage, or other disaster-related hazards. You should not be forced to live in unsafe or toxic conditions or pay for this cleanup yourself.
Protection When Social Security Payments Are Delayed
Assembly Bill 246 gives tenants a new legal defense if they are facing eviction for non-payment of rent because their Social Security benefits were delayed or interrupted due to federal government action.
What it means for you:
If your rent went unpaid because your Social Security check was late or temporarily stopped, you may be able to raise a “Social Security hardship” defense in court. This law recognizes that benefit delays are outside a tenant’s control and should not automatically lead to eviction.
To use this defense, tenants must:
- Show proof of the Social Security delay or interruption, and
- Present a reasonable plan to repay the rent once benefits are restored.
This law can give tenants critical time and protection during benefit disruptions—but it does not erase rent owed. Legal help can make a big difference in how this defense is raised and documented.
Limits on Fees and Clearer Rules Around Security Deposits
Assembly Bill 1414 gives tenants the right to opt out of mandatory internet, cellular, or satellite service subscriptions that landlords include through bulk-billing arrangements.
What it means for you:
If your lease starts or renews on or after January 1, 2026, your landlord cannot force you to pay for an internet or media service you do not want. Landlords may still offer bulk service packages—but participation must be optional.
This law also:
- Prohibits retaliation against tenants who opt out, and
- Allows tenants to deduct the cost of the subscription from rent if a landlord illegally charges for it after the tenant opts out.
This law does not eliminate bulk billing altogether. It simply ensures that tenants—not landlords—decide whether they want and pay for these services.
Clearer Rules for Returning Security Deposits
Assembly Bill 414 updates how security deposit refunds and itemized statements can be delivered and clarifies how deposits are handled when multiple tenants share a lease.
What it means for you:
Landlords and tenants may now agree at any time—not just after move-out—on how deposit refunds and itemized statements will be sent, including by email or other electronic methods. This can help speed up refunds and reduce disputes about whether paperwork was received.
The law also clarifies that when more than one tenant is on the lease, landlords must follow clear procedures for issuing deposit refunds and accounting for deductions, helping avoid confusion or improper withholding.
This change is meant to improve transparency and ensure tenants actually receive timely, understandable information about their security deposits.
Family Law
New Joint Petition Process, Effective Jan. 1, 2026
Couples who do not qualify for summary dissolution can file a single joint petition for divorce or legal separation. The petition must be submitted on a Judicial Council-approved form and include details such as children’s birth dates. Once filed, it is considered served on both parties, eliminating separate service requirements.
Child Custody & Human Trafficking
AB 1375 – Effective Jan. 1, 2026
Courts must consider evidence of human trafficking when making child custody decisions. If a parent has been convicted of or found responsible for trafficking, the law presumes that granting custody to that parent would be detrimental to the child’s best interest unless evidence shows otherwise.
Restraining Orders
AB 561 – Effective Jan. 1, 2026 (full implementation by Jan. 1, 2027)
AB 561 allows petitions for civil harassment, domestic violence, and elder or dependent adult protection to be filed electronically. Related documents, such as notices and temporary orders, can also be delivered electronically. Remote hearings are permitted without fees, and courts must publish local rules for remote appearances. The law also authorizes alternative service methods if personal service is not possible.
Service of Summons
SB 85 – Effective Jan. 1, 2026
SB 85 authorizes courts to allow alternative service methods, including electronic service, when traditional methods fail despite reasonable efforts. Plaintiffs must demonstrate diligence in attempting standard service. These provisions do not apply to cases involving public entities or their employees.
Court Records Access
AB 1524 – Effective Jan. 1, 2026
AB 1524 requires electronic court records to be viewable at the courthouse. Members of the public may use personal devices to copy records at no cost, provided record integrity is maintained. Courts cannot charge unauthorized fees, and the Judicial Council must report on fee practices by Dec. 1, 2027.
LGBTQIA+
Gender Marker Name Change Objections
AB 1084, Effective July 1, 2026
Existing law establishes procedures for adults and minors to petition for a name change to conform to gender identity and provides a process for objections during which interested persons may contest the proposed name change. Beginning July 1, 2026, AB 1084 eliminates the objection process for adult gender-conforming name change petitions and requires Courts to grant such petitions without a hearing within six weeks of filing. For minors, the bill would require Courts to grant such petitions signed by all living parents within six weeks and without a hearing. If not all parents sign, the bill would retain an objection period for non-signing parents, require service on non-signing parents, and allow a hearing only if a timely objection showing good cause is filed.
Gender Marker Name Change Confidentiality
SB 59, Effective July 1, 2026
Existing law requires that any gender-affirming name and gender change pleadings associated with a minor (i.e., under the age of 18) be kept confidential by the Court, limiting access to these records to the minor, the minor’s parents, their attorney, and other specified parties. Beginning July 1, 2026, SB 59 would automatically expand the aforementioned confidentiality protections to other petitioners regardless of age, limiting access to related court records and prohibiting private parties from publicly posting said records on the internet or otherwise. Additionally, SB 59 creates enforcement and civil remedies for unlawful disclosures and recognizes transgender status as protected private information.