A New Law requiring a Landlord or Property Manager to take both Move In and Move Out Photos of your rental property goes into effect 4/1/2025. First of all, this should be standard practice for every landlord and property manager as disputes over Security Deposits can be common and one of the easiest ways to protect everyone and avoid disagreements, is to make sure everyone is on the same page from the start. We would highly recommend getting a standard Move In / Move Out checklist form (there are even easy to use apps now) to document the condition of the property inside and out and room by room. We use these for every tenant move in and document things that may be potential security deposit items like a broken blind, scuffs or marks in paint or baseboard and anything else that may be deemed above “normal wear and tear" when a tenant vacates. Of course what is considered “normal wear and tear” changes the longer a tenant resides in your property.
Deductions for cleaning and damages must be “reasonably necessary” to return property back to its initial condition. Professional carpet cleaning, and the cost of materials and charges for work performed for repairs is specifically cited as subject to this rule.
Move-in, Move-out and post-repair and cleaning photos required:
Beginning April 1, 2025, the landlord is required to take photographs of the unit within a reasonable time after the possession of the unit is returned to the landlord, but prior to any repairs or cleaning for which the landlord will make a deduction from or claim against the security deposit pursuant to this section and
The landlord is also required to take photographs of the unit within a reasonable time after such repairs or cleanings are completed.
For tenancies that begin on or after July 1, 2025, the landlord is required to take photographs of the unit immediately before, or at the inception of, the tenancy.
In returning the itemized statement of deductions, if a deduction is made for repairs or cleaning, the landlord shall
Provide the photographs including the move-in, move-out and post repair and cleaning photos,
Along with a written explanation of the cost of the allowable repairs or cleanings.
The landlord may provide such photographs to the tenant by mail, email, computer flash drive, or by providing a link where the tenant may view the photographs online.
The landlord shall not be entitled to claim any amount of the security if the landlord, in bad faith, fails to comply with these requirements.
Permissible charges for repairs and carpet cleaning if “reasonably necessary”: The landlord may not claim deductions from the security for damage or defective conditions that preexisted the tenancy or for ordinary wear and tear.
Claims for materials or supplies and for work performed by a contractor, the landlord, or the landlord’s employee shall be limited to a reasonable amount necessary to restore the premises back to the condition it was in at the inception of the tenancy, exclusive of ordinary wear and tear.
Assembly Bill 2801 is codified as Civil Code§1950.5. Effective January 1, 2025.
