California AB 2801 Security Deposit Rules: Photos and Deductions

California’s AB 2801 changed the evidence that accompanies a residential security deposit deduction. The photo duties arrived in stages in 2025. They did not create the deposit cap or replace the 21-calendar-day return and accounting rule. A landlord and a resident both benefit from knowing which record belongs at each point in the tenancy.

What AB 2801 changed, and when

For tenancies beginning on or after July 1, 2025, the landlord must photograph the unit immediately before or at the start of the tenancy. Beginning April 1, 2025, the landlord must photograph the unit within a reasonable time after possession is returned and before repairs or cleaning for which a deposit deduction will be claimed, then photograph it again within a reasonable time after that work is complete. These dates and duties appear in Civil Code section 1950.5(g).

A useful file has three different views: the condition at move-in when the new-tenancy rule applies, the condition at move-out before chargeable work, and the condition after that work. Photos do not by themselves make a charge lawful. The work, amount, and comparison with the original condition still matter.

What can be deducted

The statute permits reasonably necessary deductions for unpaid rent, damage caused by the tenant or their guest beyond ordinary wear and tear, cleaning needed to return the unit to its move-in level of cleanliness, and certain rental-agreement obligations to restore or replace personal property. A lease cannot turn ordinary wear into damage or authorize an unrelated charge. A faded wall is different from a broken window; routine professional carpet cleaning is not automatically chargeable. Costs for labor and materials must be reasonable for restoring the property to its starting condition, excluding ordinary wear.

The commonly cited one-month-rent deposit limit comes from section 1950.5(c), as amended separately from AB 2801. It applies to security collected or demanded on or after July 1, 2024, with a limited two-month exception for a qualifying small landlord and additional statutory qualifications. The old “two months unfurnished, three months furnished” FAQ is no longer a current general rule. A pet deposit counts as security; its label does not create a separate cap.

The inspection before move-out

After notice of termination or before the lease ends, the landlord must notify the resident in writing of the option to request an initial inspection and the right to be present. If requested, the inspection is no earlier than two weeks before the end of the tenancy. The landlord generally gives at least 48 hours’ written notice of the date and time unless both sides sign a waiver. The purpose is to identify proposed deductions while the resident can still remedy them. The landlord provides an itemized statement of proposed repairs or cleaning after the inspection, subject to the statute’s conditions and exceptions. The resident’s presence at a later final inspection is not an automatic statutory right under this provision. Section 1950.5(f) has the exact sequence.

The 21-day accounting and supporting records

No later than 21 calendar days after the resident vacates, the landlord must furnish an itemized statement showing the basis and amount of any deductions and return the remaining deposit. For repairs or cleaning, the package ordinarily includes bills, invoices, or receipts; work by the landlord or employee needs a description, time spent, and reasonable hourly rate. The AB 2801 photos accompany the explanation of allowable repair or cleaning charges. Section 1950.5(h) has limited documentation exceptions, including when repair and cleaning deductions together are no more than $125, and gives the resident a later right to request those records.

If work or a third-party invoice cannot reasonably be completed or received within 21 days, a good-faith estimate may be used in the initial statement. The landlord then has 14 calendar days after completing the work or receiving the documentation to provide the final accounting and records. This is a follow-up duty, not a general extension of the first 21-day deadline.

Return method and a property sale

Current section 1950.5(h) sets the return and statement methods. It includes an electronic-return right when the landlord received security or rent electronically, subject to the tenant’s written designation or agreement and stated exceptions; multi-adult tenancies have additional written-agreement rules. A paper check is not always the default workflow now. If the property is sold, section 1950.5(i) requires the former landlord to transfer the remaining security with notice to the tenant or return it with an accounting. Neither side should assume a sale erases the deposit obligation.

If a deduction is disputed

Compare the move-in and move-out record, identify the exact work and cost, and ask for the itemization and supporting documents. A landlord can correct an unsupported charge; a resident can explain why a condition was pre-existing or ordinary wear. Small claims court is an available route within its jurisdictional limits. The statute’s additional damages provision is tied to bad faith, not every clerical error. For a move-in-to-return operating sequence, see our security deposit return guide.