AB 2801's Move In Photo Rule Only Covers Leases Starting After July 1, 2025

Published August 10, 2026

Civil Code section 1950.5, subdivision (g)(1), added by AB 2801, requires move in photos only for tenancies that begin on or after July 1, 2025. A tenant who moved in earlier has no statutory move in photo requirement attached to their tenancy, even if that same landlord photographs newer move ins.

The short answer

No. Civil Code section 1950.5, subdivision (g)(1), added by AB 2801, requires move in photos only for tenancies that begin on or after July 1, 2025. A tenancy that started before that date carries no statutory move in photo duty, even for a landlord who now photographs every newer unit at move in.

Last verified: August 10, 2026

The exact cutoff, and why it is a start date, not a filing date

Subdivision (g)(1) of Civil Code section 1950.5 ties the duty to when the tenancy begins, not to when a lease is signed, when rent starts, or when the landlord happens to get around to it. The statutory language requires the landlord to take photographs of the unit immediately before, or at the inception of, the tenancy, for tenancies that begin on or after July 1, 2025.

That framing matters for a lease signed in June for a move in date in July. The tenancy's inception, meaning when the tenant actually takes possession, is what the statute is timing against, not the signature date on the paperwork. A landlord reading only the signing date could misjudge which side of the line a given tenancy falls on.

Why the legislature drew a line at all

The move out and post repair photo duties in subdivision (g)(2) took effect earlier, on April 1, 2025, and apply to what happens at the end of a tenancy regardless of when it started, because that documentation is generated at move out, a point in time entirely within the landlord's control going forward.

Move in photos are different. They document a condition that, for an existing tenant, already happened months or years ago. There is no way to retroactively photograph a unit's condition on a move in day that has already passed. The legislature built the July 1, 2025 line into subdivision (g)(1) instead of pretending landlords could go back and document long-past move ins.

What this means for an existing tenant

If a tenant moved in before July 1, 2025, and stays in place, that tenancy is not automatically brought under the move in photo rule just because time passes or the law is now in effect. The statutory move in photo duty in subdivision (g)(1) is not something that attaches later. It only ever applied to tenancies beginning on or after the cutoff date.

That does not mean move in documentation was worthless before this law. Landlords who photographed condition at move in for older tenancies, or who used a signed move in checklist, still have that evidence available in any deposit dispute. It just is not a statutory requirement layered onto those older tenancies by AB 2801.

Where the cutoff creates ambiguity

The plain reading of subdivision (g)(1) is straightforward for the simple case, a brand new tenant with a brand new lease starting after July 1, 2025. It gets murkier at the edges.

A lease renewal for a tenant already in place before the cutoff is arguably a continuation of the same tenancy, not a new one beginning on or after July 1, 2025. Adding a new roommate to an existing lease, or a property changing ownership with tenants remaining in place, raises the same question from different angles: is this a fresh tenancy inception that the statute reaches, or a continuation of an existing one that it does not.

Neither the bill text nor the current code excerpt retrieved for this article resolves those edge cases directly. Treat them as open questions for a specific property, not settled facts, and confirm with a licensed California real estate attorney before deciding whether a renewal or a change in ownership triggers the move in photo duty.

A simple way to think about your portfolio

| Tenancy inception date | Move in photo duty under subdivision (g)(1)? |

|---|---|

| Before July 1, 2025, tenant still in place, no renewal or new lease event | No statutory duty, though prior documentation practice still has evidentiary value |

| On or after July 1, 2025, new tenant, new lease | Yes, photograph immediately before or at inception |

| Lease renewal for a tenant who moved in before July 1, 2025 | Unresolved by the sources reviewed here, confirm with counsel |

| New roommate added to an existing pre cutoff tenancy | Unresolved by the sources reviewed here, confirm with counsel |

The move out and post repair photo duties in subdivision (g)(2), by contrast, apply based on when the repair or cleaning and deduction happen, not on when the tenancy began, so an older tenancy ending today can still trigger those.

The practical move for a South Bay landlord

Given the ambiguity at the edges, the lower risk path is to photograph every move in from here forward, regardless of whether the specific tenancy clearly falls before or after the July 1, 2025 line. It costs nothing beyond a few minutes with a phone camera, and it removes the need to argue later about whether a renewal or a transfer counted as a new tenancy inception. The statute sets a floor, not a ceiling, and documenting more than the minimum required is not a violation of anything.

FAQ

My tenant moved in in 2023 and is still there. Do I need move in photos now?

No. Subdivision (g)(1) applies to tenancies beginning on or after July 1, 2025. A tenancy that began in 2023 is outside that window and carries no statutory move in photo duty.

What if the lease was signed in June 2025 but the tenant did not move in until July?

The statute ties the duty to the inception of the tenancy, meaning when the tenant actually takes possession, not the signing date. A July inception after the cutoff would fall under the requirement, but confirm the specific facts against the statute or with counsel.

Does renewing an existing tenant's lease after July 1, 2025 trigger the move in photo requirement?

This is not clearly resolved by the bill text or the current code excerpt reviewed for this article. Confirm with a licensed California real estate attorney before treating a renewal as exempt or covered.

Is the move out photo rule also limited to tenancies starting after a certain date?

No. The move out and post repair photo duties in subdivision (g)(2) took effect April 1, 2025 and apply based on when the deduction related work happens, not on when the tenancy began.

Should I photograph move ins even if the statute does not require it for a specific tenant?

There is no rule against documenting more than the statute requires. For older tenancies outside the July 1, 2025 window, additional move in or condition documentation only strengthens a landlord's position in any future dispute.

This article is general information about a California statute, not legal advice. Confirm the current text of Civil Code section 1950.5 and how it applies to a specific tenancy with a licensed California real estate attorney or property manager before acting on it.

Topics: compliance, security deposits, California landlord law, AB 2801, South Bay

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