AB 2801 Photo Documentation Before and After Tenancy

Key Requirements of AB 2801

1. Mandatory Photo Documentation for All Tenancies

Beginning April 1, 2025, landlords must document the condition of rental units with before and after photos at the following stages:

• Move-In Photos (Effective July 1, 2025):

  • For tenancies starting on or after July 1, 2025, landlords must take photographs before or at the inception of the tenancy to document the unit’s condition.

• Move-Out Photos (Effective April 1, 2025):

  • Photos must be taken within a reasonable time after the tenant has returned possession of the unit.

• Post-Repair/Post-Cleaning Photos (Effective April 1, 2025):

  • If a repair or cleaning results in a security deposit deduction, landlords must take photos before and after the work is completed.

2. Providing Photos and Itemized Statements to Tenants

• If any deductions are made from the security deposit, landlords must provide the following to the tenant:

  • Move-in, move-out, and post-repair/post-cleaning photos

  • A written explanation detailing the costs of allowable repairs or cleaning

• Photos may be shared via mail, email, flash drive, or a link to a viewable website.

• Failure to provide these photos in bad faith may result in loss of the landlord’s right to claim any amount from the security deposit.

Stricter Limits on Security Deposit Deductions

AB 2801 reinforces existing law by emphasizing that only “reasonably necessary” charges can be deducted from a tenant’s security deposit and clearly calls out Professional Cleaning and Carpet Cleaning as areas of caution. This is not new law per se, but is the state of California doubling down on tenant protections and sending a clear signal to landlords that seek to charge tenants for, or mandate the use of, “professional” cleaners.

Indeed, the state has added the following language to the applicable code on security deposit deductions, California Civil Code section 1950.5, by stating, “It is the intent of the Legislature, in enacting this measure, to ensure that landlords do not subsidize improvements to their rental properties with a former tenant’s security deposit.”

1. No Deductions for Preexisting Conditions or Normal Wear and Tear

• Landlords cannot charge a tenant for preexisting damage or defects that were present at the start of the tenancy.

• Ordinary wear and tear is not a valid reason for a deduction.

2. Professional Cleaning and Carpet Cleaning Rules

• Professional cleaning services (including carpet cleaning) cannot be charged to the tenant unless “reasonably necessary” to restore the unit to its original move-in condition, excluding ordinary wear and tear.

• Landlords cannot require tenants to pay for professional cleaning as a standard practice.

• This provision closes a loophole that some landlords previously exploited by charging tenants for professional cleaning as a default instead of based on actual necessity.

3. Security Deposits Cannot Be Used for Property Upgrades

• The law explicitly prohibits landlords from using a tenant’s security deposit to subsidize property improvements.

• Deductions for materials, labor, or contractor work must be limited to what is “reasonably necessary” to restore the unit to its original condition at move-in, minus normal wear and tear.

4. Transparency in Security Deposit Usage

• Landlords must provide itemized statements for any deduction, along with supporting photos and cost breakdowns.

Summary: What This Means for Landlords and Tenants

Just take before and after photos! Photos before a tenant moves in, photos after. Take photos before a repair for which you plan to charge a tenant, and after the repair. Tenants, you should be doing this too! (and there’s no legal requirement for the tenant to share the photos with the landlord, so simply keep them saved and handy in case you need them later).

Landlords:

• Before and after photos are now legally required, not just best practice.

• Security deposit deductions must be fully documented and limited to necessary expenses.

• Failing to comply in bad faith means losing the right to claim from the security deposit.

Tenants:

• Take your own move-in and move-out photos to protect yourself.

• Landlords must now provide proof for all deductions, ensuring greater transparency.

• Ordinary wear and tear cannot be deducted, nor can standard professional cleaning fees.