The New Move Out Photo Law: What AB 2801 Requires With Your Itemized Deposit Statement

Published August 10, 2026

AB 2801 added subdivision (g) to Civil Code section 1950.5. Since April 1, 2025, a California landlord who deducts from a security deposit for repairs or cleaning must photograph the unit at move out, before any work, and again after the work is done, then send those photos with the itemized statement.

The short answer

Since April 1, 2025, Civil Code section 1950.5, subdivision (g)(2), requires a landlord who will deduct from a security deposit for repairs or cleaning to photograph the unit after the tenant vacates and before that work starts, then photograph it again after the work finishes. Those photos must go to the tenant along with the itemized deduction statement, not separately or later.

Last verified: August 10, 2026

Where this sits in the deposit statute

Civil Code section 1950.5 is the statute that already told California landlords they had 21 calendar days after a tenant vacates to send an itemized statement showing the basis for, and the amount of, any security they kept. That deadline lives in subdivision (h)(1) and did not change.

AB 2801 added a new documentation layer on top of it. It inserted subdivision (g) into section 1950.5, and that subdivision is where the photo duties now live. Two effective dates apply to two different parts of subdivision (g), and this article covers the part that took effect first: move out and post repair photos, live since April 1, 2025.

What subdivision (g)(2) actually requires

The move out and post repair photo duty is not triggered by every move out. It is triggered by a deduction. If a landlord is not charging the deposit for repairs or cleaning, the photo duty in this part of the statute is not in play for that unit.

Where a deduction is coming, the sequence is two photo sessions:

1. Before the work. Within a reasonable time after the tenant returns possession of the unit to the landlord, and before any repairs or cleaning the landlord will deduct for, the landlord photographs the unit's condition.
2. After the work. Within a reasonable time after those repairs or cleaning are completed, the landlord photographs the unit again.

The statute frames this as a documentation pair specifically tied to whatever damage or cleaning is being charged against the deposit, not a generic requirement to photograph the whole unit for every tenancy that ends.

The delivery rule is where landlords slip

The photo requirement is not satisfied by taking the pictures and keeping them in a phone or a file somewhere in case a dispute comes up later. The statute requires the photographs to be provided to the tenant along with, and at the same time as, the itemized statement itself.

That means the 21 calendar day clock that already governed the itemized statement now effectively governs the photos too, for any tenancy where a deduction is being made. A landlord who sends the itemized statement on day 19 but has not yet compiled the photo documentation has not finished the job the statute requires.

Alongside the photos, the landlord must also provide a written explanation of the cost of the allowable repairs or cleanings. That written explanation is not new. What is new is that it now travels with photographic proof rather than a bare dollar figure.

A simple compliance sequence

| Step | When | What the statute requires |

|---|---|---|

| 1. Photograph before work | Reasonable time after tenant vacates, before repairs or cleaning begin | Photos or video documenting the condition being charged for |

| 2. Do the repair or cleaning | After photos are taken | The actual work the deposit deduction will pay for |

| 3. Photograph after work | Reasonable time after the work is completed | Photos or video showing the completed condition |

| 4. Send itemized statement | No later than 21 calendar days after the tenant vacated | Written basis and amount for any deduction, per subdivision (h)(1) |

| 5. Send the photos with it | Same time as the itemized statement | Both photo sets plus a written explanation of repair or cleaning costs |

Treat step 5 as inseparable from step 4. A landlord who has always sent the itemized statement on time but never built a photo file into that process has a workflow gap this statute closes.

Why the timing matters more than the photos themselves

The two photo sessions are what most coverage of this law focuses on, but the harder discipline is logistics, not photography. Someone has to be at the unit on the day possession comes back, before a cleaner or contractor starts, and again once that work wraps. For a small landlord juggling a turnover on a tight schedule, that is two extra site visits layered onto whatever is already happening between tenants.

The practical fix is building the before photo into the same visit as the move out walkthrough, and building the after photo into the same visit as the final quality check on the repair or cleaning crew's work. Neither requires a separate trip if the sequence is planned instead of improvised.

FAQ

Does the move out photo rule apply if I am not deducting anything from the deposit?

The photo duty in subdivision (g)(2) is tied to deductions for repairs or cleaning. If the full deposit is being returned with no deduction, this specific documentation trigger is not doing the same work, though confirm against the current statute whether any documentation duty still applies to your situation.

Can I send the photos separately from the itemized statement, a few days later?

The statute requires the photographs to be provided along with and at the same time as the itemized statement, not on a separate timeline. Sending them apart risks falling outside what the statute requires.

What format do the photos need to be in?

The statute uses photographs and video as documentation. Confirm current guidance on acceptable file formats and delivery channels, such as email attachment versus a shared link, against the live code text or a licensed professional before finalizing your process.

Does this apply to commercial leases?

Civil Code section 1950.5 governs residential tenancies. Confirm the applicable statute for a commercial lease separately, since it is not the same code section.

What happens if I skip the photos and still deduct from the deposit?

Secondary sources describe a risk of losing the right to retain that portion of the deposit if the failure is in bad faith. Confirm the exact penalty language in the current statute before relying on a specific consequence.

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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