What does California's new move-out photo law (AB 2801) require landlords to do in 2026?

Published July 15, 2026

AB 2801 requires move-out photos before repairs and move-in photos, sent with the itemized deposit statement in 21 days.

Under AB 2801, which amended Civil Code section 1950.5, California landlords must photograph a unit right after move out, before any repairs or cleaning, and give copies to the tenant with the itemized security deposit statement within 21 days. The move out photo rule took effect April 1, 2025, and a move in photo requirement for new tenancies started July 1, 2025.

What AB 2801 actually changed

Security deposit law in California already required an itemized statement of deductions within 21 days of move out under Civil Code section 1950.5. AB 2801 layered photographic proof on top of that timeline. As of April 1, 2025, before a landlord makes any repair or does any cleaning on a vacated unit, the law requires photographs documenting its condition (the statute specifies photographs; video is a useful supplement but does not replace them). Those images have to go to the former tenant along with the itemized statement, in that same 21 day window. If repairs are made, the law also expects photos of the completed repair work to support the charge, not just the damage.

Starting July 1, 2025, the same photographic documentation requirement extends to move in. For any new tenancy beginning on or after that date, landlords must take and keep photos of the unit's condition before the tenant moves in, which becomes the baseline for comparison at move out.

Why the photo requirement exists

Security deposit disputes are one of the most common sources of small claims litigation between landlords and tenants in California, and they usually come down to a swearing contest over what the unit looked like when the tenant left versus what it looked like when they arrived. The legislature's fix was to force objective evidence into the process on both ends of the tenancy, not just at move out. For an owner, this cuts both ways: it protects you from a tenant who claims damage wasn't theirs, and it protects the tenant from a deduction you cannot actually document.

What happens if you skip it

The stakes are not trivial. Failure to comply, particularly in bad faith, can jeopardize a landlord's ability to retain any portion of the security deposit for repairs or cleaning. Civil Code section 1950.5 already allows a court to award statutory damages of up to twice the amount of the security deposit, in addition to actual damages, when a landlord retains a deposit in bad faith. Missing the photo documentation is now squarely part of what a court will look at when deciding whether that bad faith standard was met.

Practical steps for South Bay owners

Walk every unit and photograph each room, plus any exterior areas covered by the lease, at both move in and move out. Time stamp the photos or store them in a system that logs the date automatically. Keep the move in photos on file for the life of the tenancy, not just the first 30 days, since you will need them at move out to make an apples to apples comparison. If you do make repairs, photograph the finished work before you calculate the charge, and send everything, the original damage photos, the repair photos, and the itemized statement, together, inside the 21 day window. Waiting even a few days past that deadline can cost you the right to withhold anything at all.

What this means for you

This law rewards owners who were already doing move in and move out walkthroughs properly, and it penalizes anyone relying on memory or a handwritten checklist without photos. It is a low cost habit to build. A phone camera and a consistent naming convention for the files gets you most of the way to compliant. The bigger risk is forgetting the move in side of it, since that requirement is newer and easy to overlook if your process was built around move out inspections only.

If keeping this documentation straight across a portfolio of units sounds like a headache, that is exactly the kind of thing we handle for our owners.

This is general information, not legal or tax advice. Confirm with a licensed professional before you act.

Sources

1. AB 2801 bill text and status, California Legislative Information
2. Civil Code section 1950.5, security deposits
3. Apartment Association of Greater Los Angeles, AB 2801 reminder on the security deposit requirement
4. Lucas Real Estate, new photo documentation and security deposit regulations under AB 2801

Last verified: July 2026.

Topics: compliance, security deposits, AB 2801, California landlord law, move-out inspections

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Schofield Properties is a family run property management company at 323 Richmond St, El Segundo, CA 90245. We have managed the South Bay since 1972 and personally oversee about 186 doors today. Book a call to talk about your property.