AB-2801 significantly increases the documentation required to deduct costs from security deposits. Beginning in April 2025, the law mandates the use of photographic evidence to document the condition of rental units before a tenant moves in and after they move out. Detailed photographic documentation of any damage beyond normal wear and tear is required to justify any deductions from a tenant’s security deposit. The intent is to ensure that landlords can justify security deposit deductions clearly and reasonably.
KEY DATES
April 1, 2025: Landlords are required to photograph the unit to document any claims against the security deposit. Photos must be taken immediately after the tenant moves out but before any repairs or cleaning and within a reasonable time after the completion of repairs or cleaning.
Within 21 days, the landlord must send the tenant an itemized statement, including before-and-after supporting photos and a written explanation of the cost of allowable repairs and cleaning. Failure to comply with these requirements prohibits the landlord from making a claim against the tenant or security deposit.
July 1, 2025: For tenancies beginning on or after July 1, 2025, photographs of the unit must be taken immediately before or at the inception of the tenancy. All other aspects of the law also take effect on July 1, 2025.
KEY CHANGES
Mandatory Photo Documentation
Landlords must take and retain photos documenting the condition of all aspects of the rental property:
- Before move-in, document the condition upon move-in.
- Immediately after a tenant moves out but before starting repairs and cleaning.
- After completion of repairs and cleaning.
Photos must be attached to written documentation describing any repairs or cleaning that will be charged against the tenant or security deposit. This requirement significantly increases the amount of record-keeping required to justify any deductions.
Inspection Requests Prior to Move-Out
Landlords must notify tenants in writing of their option to require an initial inspection and be present during it. All repairs and cleaning needed must be identified and documented during this preliminary inspection. Based on this inspection, the landlord provides the tenant an itemized statement specifying repairs or cleaning that will be deducted. The tenant then has an opportunity to remedy identified deficiencies to avoid deductions. Anything missed or not documented with photos cannot be deducted from the security deposit later unless tenant possessions obscured the need for cleaning or repairs.
Limits on Cleaning Costs
Professional services like carpet cleaning can only be required if necessary to return the property to its original condition. This excludes normal wear and tear. Again, photographic evidence of conditions prior to move-in will be required.
Itemized statements
To charge for repairs or cleaning, landlords must provide an itemized list of deductions, supporting before-and-after photos, and a written explanation of the cost of the allowable repairs or cleaning within 21 days of a tenant’s moving out.
Limits on Security Deposit Claims
Landlords can only deduct for materials, supplies, or repair work that are “necessary to restore the premises back to the condition it was in at the inception of the tenancy, exclusive of normal wear and tear.” Charging for professional cleaning may only be deducted if it restores the unit to its documented initial condition at the start of the lease and does not constitute normal wear and tear.
Dispute resolution
Tenants can challenge unfair deductions by referring to photographic evidence. The landlord has the burden of proof, so it is essential to be thorough when taking photos and ensure all damages are properly documented.
If these rules are not followed, landlords cannot make any deductions from the security deposit, no matter the state of the unit. You will not have a defensible position in a small claims court. You may be subject to statutory damages up to twice the security deposit amount in addition to actual damages.
Contact Us for Help
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Please contact us at Cal-Prop Management. We work with investors in San Diego and the surrounding areas.
More resources
The full text of AB-2801 is here: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2801
