October 29th, 2026

AB 2801 Puts the Photos on You: What California Landlords Need at Move-In, Move-Out and After Repairs

California's security deposit law now says who takes the photos: you, the landlord. AB 2801 added photo rules to Civil Code § 1950.5, and since July 1, 2025 they cover every new tenancy from move-in to the last repair.

The rules are short, but missing one can cost more than the deduction itself. Here is what they require, step by step.

The three photo moments

The law asks for photos at three points, and each one is the landlord's job.

1. At move-in. Photograph the unit immediately before, or at the start of, the tenancy. Required for every tenancy that begins on or after July 1, 2025.
2. After move-out, before any work. Once you have the unit back, photograph it within a reasonable time and before any repair or cleaning you plan to deduct for. Required since April 1, 2025.
3. After the work. Photograph the unit again within a reasonable time after those repairs or that cleaning are done.

The law doesn't say how photos must be dated or stored, only that you take them. The pre-move-out inspection you must offer the tenant has no photo rule of its own.

What goes with the itemized statement

Within 21 days after the tenant moves out, send the itemized statement and return the rest of the deposit. When you deduct for repairs or cleaning, the statement must come with:

• the photos taken after move-out and after the work;
• a written explanation of what the repairs or cleaning cost;
• invoices or receipts, or for work you did yourself, a description with the time spent and your hourly rate.

If the work can't be finished or the invoices aren't in within 21 days, deduct a good-faith estimate and send the final paperwork within 14 days of finishing. Photos can go by mail, email, flash drive or a link where the tenant can view them.

Since January 1, 2026 (AB 414), if the tenant paid the deposit or rent electronically, the refund goes back electronically unless you've agreed otherwise in writing.

When the paperwork can wait

If repairs and cleaning together come to $125 or less, you can leave out the photos, receipts and cost explanation. But if the tenant asks for them within 14 days of getting the statement, you must provide them, so take the photos anyway.

A tenant can also waive these rights, but only in a signed written waiver that meets the statute's conditions.

What's at stake

A landlord who fails in bad faith to follow these rules loses the right to keep any part of the deposit. For a bad-faith claim or retention, a court can also award the tenant up to twice the deposit in damages, on top of actual damages.

The photos protect you in the other direction too. You can't deduct for ordinary wear and tear or for damage that was there before the tenancy, and your move-in photos are how you show the difference. You get one move-in and one chance to document it, and you won't know then whether you'll need to deduct later. That's why the move-in photos matter most.

Doing it well

A few habits make the photos hold up when a tenant disputes a deduction.

• Photograph the whole unit, not just the damage. A wide shot of each room from the doorway, then close-ups of floors, walls, fixtures and appliances.
• Repeat the same angles at move-out, so each before and after line up.
• Keep the original files. They usually carry the date and time the camera recorded; sort them by room and by date.
• Keep each repair's photos with its invoice, so the itemized statement comes together in one place.
• Take the photos yourself or through your property manager. A tenant's own move-in report or checklist isn't a substitute for your photos.
• Work from a checklist so no room or item is missed. Our free California move-in and move-out checklist has a fillable PDF and a 21-day deadline calculator.

Checked against California Civil Code § 1950.5 as of October 2026, as amended by AB 2801 and AB 414. General information, not legal advice. For the full deposit rules, see our California security deposit law guide. Source: AB 2801, chaptered text.