From Stoves to ACs: The Surprising Essentials Landlords Can Legally Ban Today

A $2,400-a-month apartment listing in Los Angeles went viral after advertising a full kitchen but not allowing a stove. 

Reddit users questioned how renters were expected to cook in this unit. And critics pointed out that the rule could conflict with California Assembly Bill 628, which requires most rentals under new or renewed leases to include a functioning stove and refrigerator. 

The controversy has also fueled a broader debate about landlord rights and renter restrictions. 

If you rent a property, it’s important to get familiar with your rights and the steps you can take to protect yourself—before you sign a lease.

What property owners can restrict in a rental unit

Landlord-tenant laws vary by state and in some cases, by county or city.

However, in most cases, landlords have the legal right to restrict tenants in ways that help prevent property damage or limit liability for safety issues. 

“These restrictions can range from prohibiting illegal activity on the premises to banning pets that aren’t service animals or preventing tenants from using the property for business purposes,” says Hugh A. Woodrow, attorney at Trowbridge Law Firm PC in Detroit, a firm that specializes in landlord-tenant law. 

Other acceptable restrictions may include prohibiting tenants from modifying the property through construction, demolition, or even painting projects without the landlord’s approval. Landlords can also set limits on noise or other activities that may disrupt other tenants. 

Additionally, they can restrict the number of people who can occupy a unit to help ensure safe living conditions.

What they can’t restrict

In most states, landlords must provide rental units that meet basic health and safety standards.

“In Michigan, for example, landlords can’t deprive tenants of clean potable water, working and safe electrical services, proper sewage disposal, no pests or rodents, and a properly maintained roof,” explains Woodrow. 

Landlords are also required to ensure rentals are safe for their intended use—meaning the foundation, walls, stairs, porches, windows, are maintained and do not pose a danger to the occupants. 

“The landlord’s responsibility is to provide a safe home for tenants to live in, but they usually can set rules about a tenant’s behavior, like no smoking, don’t bring pets, or no waterbeds,” says Seann Malloy, founder and managing partner at Malloy Law Offices LLC in Bethesda, MD. 

According to Jessica Bober, legal expert at JustAnswer and owner of Bober Law Group in Tampa, FL, all states require a landlord to allow cooking stoves and refrigerators, but some appliances may be banned.

“The key is whether the item is a luxury or a requirement. Items such as portable washers, dryers, air conditioners, and space heaters may be restricted as they’re not necessary for basic habitability,” explains Bober.

Also, a landlord may restrict the use of items such as deep fryers, indoor grills, and hot plates since they pose a fire hazard and aren’t required to prepare meals.

How renters can protect themselves 

If you’re a renter, there are a number of steps you can take to ensure the landlord is treating you fairly and your rights are protected. 

First off, read the entire lease agreement thoroughly before you sign it. 

“Consider the following phrases to be red flags: ‘as is,' ‘fully and completely’ or ‘no repairs will be asked,’ and ‘you waive all rights to repairs.’ Landlords generally can’t use a lease to avoid their responsibility to provide a habitable rental,” says Cameron Walker, real estate expert and manager of the Agent Network at Clever Real Estate in St. Louis. 

If you notice any of these phrases or believe there is an illegal provision in the lease, do some research to determine if it violates local laws. 

“Free legal-aid clinics and tenant rights hotlines can help you during this process,” Walker adds.

Once you confirm a provision is illegal, you may seek a strike-through.  

“This is where you request that the landlord cross out the provision from your lease, and both parties initial and sign it,” explains Bober.

If a provision seems vague, ask for written communication from your landlord so that everyone is on the same page and there are no issues down the road.

Lastly, keep in mind that even if you sign a lease containing an illegal clause, the lease will still be legally enforceable except for the clause.