AB 2801 photo requirements: what California landlords must photograph, and when
AB 2801 changed California’s security deposit law, Civil Code §1950.5. A landlord who deducts for repairs or cleaning now has to back the deduction with photographs taken at set points in the tenancy, and send them with the itemized statement. This guide covers what the statute requires, what it leaves open, and how to keep photos that hold up.
The three moments
- Move-in
Photograph the unit “immediately before, or at the inception of, the tenancy.”
Tenancies that begin on or after July 1, 2025 — §1950.5(g)(1)
- Move-out, before any work
Photograph the unit within a reasonable time after possession is returned, before any repairs or cleaning you will deduct for.
Since April 1, 2025 — §1950.5(g)(2)
- After repairs or cleaning
Photograph the unit within a reasonable time after that work is done.
Since April 1, 2025 — §1950.5(g)(2)
If a tenancy began before July 1, 2025, there is no move-in photo requirement for it — but the move-out and after-repair photos still apply to any deduction you take today.
Where the photos go
When you deduct for repairs or cleaning, the photos go to the tenant with the itemized statement, together with a written explanation of the costs and the receipts (§1950.5(h)(2)(D)). You may deliver them by mail, email, flash drive, or a link where the tenant can view them online.
All of this is due within 21 calendar days after the tenant vacates (§1950.5(h)(1)). Our free 21-day deadline calculator shows the exact day.
The $125 exception
If your repair and cleaning deductions together are $125 or less, you do not have to include the receipts and photos (§1950.5(h)(4)(A)). You still send the itemized statement and the rest of the deposit within 21 days.
What the law does not say
The statute requires photographs. It does not set:
- how many photos to take, or of what;
- a file format or resolution;
- a date stamp, time stamp or GPS location;
- how long to keep the photos;
- what “a reasonable time” means for the move-out and after-repair photos.
That leaves the quality of the evidence up to you — and in a dispute, the landlord must show the amounts claimed were reasonable (§1950.5(m)).
What photos can’t do
Photos support a deduction; they don’t create one. The deposit can’t be used for ordinary wear and tear, or for damage that existed before the tenancy (§1950.5(e)(2)(A)). That is where move-in photos earn their keep: they are what shows a scratch or stain was not there when the tenant moved in.
If a court finds a deposit was kept in bad faith, it may award up to twice the deposit in statutory damages, on top of actual damages (§1950.5(m)).
ClearDeduct’s practice (our standard, not the statute’s)
The law leaves the method open. This is how we suggest doing it, and what the ClearDeduct app walks you through:
- Same checklist at move-in and move-out. Each room photographed from the same list of angles — overview from the doorway, each wall, floor, ceiling, fixtures — so the before and after line up. After repairs, photograph the areas you worked on.
- Overview, then close-up. One photo that shows where the damage is in the room, one that shows the damage itself.
- Originals, untouched. Nothing drawn over the photo; the capture date, time and GPS position recorded inside the file, and a fingerprint taken at upload so any later change can be detected.
- Kept after the tenancy. The statute sets no retention period. Many landlords keep deposit records for at least four years — the limitations period for claims on a written contract (Code of Civil Procedure §337). ClearDeduct keeps them for 4 years after move-out while your plan is active.
Quick checklist
- Tenancy began on or after July 1, 2025 → move-in photos, taken at or just before the start.
- Tenant moved out → photos before any repair or cleaning you’ll deduct.
- Work done → photos after.
- Deducting more than $125 for repairs and cleaning → photos + receipts go with the itemized statement.
- All of it out within 21 calendar days of move-out.