AB 2801: Security Deposit Photos

Not legal advice. We’re property managers, not attorneys. This post reflects our professional experience — not legal counsel. For your specific situation, consult a licensed attorney ↓

Key Facts

Landlords must photograph a unit at move-out before cleaning or repairs, again after that work, and at move-in for tenancies starting July 1, 2025 or later, then send the photos with the deposit statement.

Citation
AB 2801 (Stats. 2024, ch. 280); Civ. Code § 1950.5
Status
In force
Effective
Apr 1, 2025
Jurisdiction
California
Applies to
All California landlords who deduct from a security deposit
Key numberValueAs of
Deposit return and itemized statement deadline21 calendar days after move-outSep 25, 2026
Move-out and after-repair photosRequired since Apr 1, 2025Apr 1, 2025
Move-in photosTenancies starting on or after Jul 1, 2025Jul 1, 2025
Bad-faith retentionUp to 2x the deposit, plus actual damagesSep 25, 2026

Last reviewed Sep 25, 2026 · Checked against the official text

What it requires

  • Photograph the unit within a reasonable time after the tenant returns possession, before any cleaning or repairs you plan to deduct for.
  • Photograph it again within a reasonable time after those repairs or cleanings are finished.
  • For tenancies that began on or after July 1, 2025, photograph the unit immediately before or at move-in.
  • Send the photos with the itemized statement within 21 days of move-out, by mail, email, flash drive, or an online link.
  • Limit cleaning charges to what returns the unit to its cleanliness at the start of the tenancy.

Owner checklist

  • Move-in photos on file before keys are handed over
  • Move-out photos of every room before any vendor enters
  • After-work photos for every deducted repair or cleaning
  • Photos and itemized statement sent within 21 days, with proof of delivery kept

What changed and what’s next

  • Jul 1, 2025: Move-in photos now required for new tenancies
  • Apr 1, 2025: Move-out and after-repair photos required before deducting

From our East Bay files

Our move-out rule is keys in, walkthrough first, vendors second. A property manager photographs every room within 24 hours of key return, and no cleaner or handyman is scheduled until that walkthrough is confirmed complete, because once a vendor enters, the before-photos AB 2801 requires can't be recreated.

All East Bay Properties, Emeryville

Article provided for general informational purposes only and does not constitute legal advice. California landlord-tenant law is subject to change, and local ordinances in Berkeley, Oakland, and other East Bay cities may impose requirements beyond those described here. Consult a licensed attorney or qualified property management professional before taking action based on any information in this guide.

Jason Crouch · Founder, All East Bay Properties · CA DRE #01295378 · Licensed broker and East Bay property manager since 2005
Jason Crouch · Founder,
All East Bay Properties

Jason Crouch is the founder of All East Bay Properties, which he established in Emeryville in 2005. For more than 20 years, he has managed residential rental properties across Oakland, Berkeley, Emeryville, and the broader East Bay — navigating some of California’s most tenant-protective rental markets in the country.

Jason holds a California real estate broker license (DRE #01295378) and is a member of the National Association of Residential Property Managers (NARPM) — the professional association for property management specialists — and is a member of the Bridge Association of Realtors. He has served as Chair of the Emeryville Chamber of Commerce, as incoming Chair of the Oakland Association of Realtors, and on the board of BridgeMLS. He was also a board member of ECAP, the Emeryville Citizens Assistance Program.

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