Guide · AB 2801 & security deposits

AB 2801: the photo and deposit rules every California landlord and tenant should know

California law AB 2801 amended Civil Code § 1950.5 and made photo documentation the backbone of every security deposit deduction. Photos at move-in, photos at move-out before any work, photos after repairs, and a 21 day deadline to return the deposit with an itemized statement. Here is the complete factual guide.

The law in four numbers

What AB 2801 actually requires.

21 daysAfter the tenant moves out, the landlord must return the deposit and an itemized statement of any deductions. Civil Code § 1950.5(g).
Jul 1, 2025Move-in photographs became required for every tenancy beginning on or after this date. No move-in photos, no solid basis for a later deduction.
Apr 1, 2025Since this date, deductions must be supported by photographs taken at move-out before any repair or cleaning, and again once the work is completed.
$125Above this amount of total deductions, the landlord must attach receipts or invoices for the work to the itemized statement.

The pattern is simple: no photographic record, no defensible deduction.

General information about California law AB 2801 (Civil Code § 1950.5), not legal advice. For a serious dispute, consult a legal professional.

Deadlines

How long does a landlord have to return a security deposit in California?

A California landlord has 21 calendar days after the tenant moves out to return the security deposit, together with an itemized statement of any deductions. The deadline is set by Civil Code § 1950.5(g) and applies to every residential tenancy in the state.

  • The 21 days run from the day the tenant vacates the unit, not from the end date written in the lease.
  • If deductions are made, the itemized statement must arrive within the same 21 days, with the supporting photographs required by AB 2801.
  • If total deductions exceed $125, receipts or invoices for the work must be attached. The tenant can waive this receipt requirement, but not the deadline.
  • Missing the deadline in bad faith can expose the landlord to a penalty of up to twice the deposit, on top of the amount wrongly withheld.
Photo requirements

What photos does AB 2801 require a landlord to take?

AB 2801 requires photographs at three moments: the condition of the unit at move-in for tenancies starting on or after July 1, 2025, the condition at move-out before any repair or cleaning is started, and the completed work after repairs. Without them, a deposit deduction has no documentary basis.

  • Move-in photographs: taken at the start of the tenancy, they fix the baseline. Whatever was already worn or defective on day one cannot become a deduction later.
  • Move-out photographs: taken when the unit is handed back, before any repair or cleaning that will be charged against the deposit.
  • After-repair photographs: taken once the deducted work is completed, so the tenant can see what was actually done.
  • The photographs travel with the itemized statement: the landlord must deliver them by mail, email, or another agreed method within the 21 day window.
Record keeping

How long should landlords keep move-in photos in California?

AB 2801 does not set a fixed retention period for condition photographs. The practical rule is to keep them for at least four years after the tenancy ends, because four years is the California statute of limitations for claims based on a written lease (Code of Civil Procedure § 337).

  • A deposit dispute can surface long after move-out. The photo record is only useful if it still exists when the claim arrives.
  • Keep the full set: move-in, move-out, and after-repair photographs, ideally timestamped and organized by room.
  • A dated, third party condition report bundles the photographs, the notes, and the timestamps in one document that both parties received at the time.
Burden of proof

Who has to prove a security deposit deduction is justified?

The landlord does. Under Civil Code § 1950.5 the landlord claims the deduction, so the landlord must document it: the itemized statement, the AB 2801 photographs, and receipts when the total exceeds $125.

  • A tenant who disputes a deduction does not have to prove the damage never happened. The landlord has to show it did, and that it goes beyond normal wear.
  • For a move-in record established in a vacant unit, visible defects that were not listed cannot later be deducted. That is exactly why the move-in record matters.
  • In small claims court, the side holding dated photographs and a written condition record argues from evidence. The other side argues from memory.
Legitimate deductions

What can a landlord legally deduct from a security deposit in California?

Three things only: unpaid rent, repair of damage caused by the tenant or their guests beyond normal wear and tear, and cleaning needed to return the unit to the level of cleanliness it had at move-in. Every amount must be reasonably necessary, and documented as AB 2801 requires.

  • Damage beyond normal use: holes in walls or doors, burns or tears in flooring, broken windows, unapproved paint to undo, pet damage requiring treatment.
  • Cleaning: only to the move-in level of cleanliness, not to a professional deep clean standard by default.
  • Deductions follow the useful life of the element: an old carpet or a wall painted years ago has little or no remaining value to deduct. A deduction covers what was left of the element, never a brand new replacement.
Abusive deductions

Can my landlord charge me for cleaning or repainting in California?

Only if the unit is dirtier than it was at move-in, or the paint damage goes beyond normal fading and scuffs from everyday living. Normal wear stays with the landlord and can never come out of the deposit, whatever the lease says.

  • Not deductible: paint faded by sunlight or dulled by years of tenancy, small nail holes, carpet worn along walking paths, minor scuffs from everyday living.
  • Not deductible: anything that pre-existed the tenancy, and default professional cleaning fees that are not reasonably necessary.
  • Not deductible: a non-refundable portion of the deposit. California law does not allow non-refundable deposits.
  • A common abuse is charging new-for-old: billing a full repaint or new carpet when the element had already lived most of its useful life. The official California tenants guide prorates paint over roughly two years.
Recap table

Every AB 2801 deadline and number in one place.

The figures below summarize Civil Code § 1950.5 as amended by AB 2801, plus the related deposit rules in force in California.

Rule
Figure
Reference
Deposit and itemized statement returned after move-out
21 calendar days
Civil Code § 1950.5(g)
Move-in photographs required
Tenancies starting Jul 1, 2025 or later
AB 2801 (2024)
Move-out photographs, before any repair or cleaning
Since Apr 1, 2025
AB 2801 (2024)
After-repair photographs, work completed
Since Apr 1, 2025
AB 2801 (2024)
Receipts and invoices attached to the statement
Deductions over $125
Civil Code § 1950.5(g)(2)
Maximum security deposit
1 month of rent (2 for qualifying small landlords)
Civil Code § 1950.5(c), AB 12
Suggested photo retention
At least 4 years after the tenancy
Code of Civil Procedure § 337
Interior paint useful life, for proration
About 2 to 3 years
California Tenants guide (DRE)
Carpet useful life, for proration
About 7 to 10 years
Common California court practice

General information, not legal advice. Statute wording prevails over any summary.

Go deeper

Where is the line between wear and damage?

The deposit conversation always lands on the same question: was it normal wear, or damage beyond normal use? We wrote a dedicated guide with the full dividing line, the useful life math, and a downloadable PDF.

Read the wear vs damage guide

AB 2801 compliance is a documentation job.

An independent Scoutmyplace condition report documents the unit at move-in, at move-out, and after repairs. Room by room, timestamped photos, delivered to both parties. Exactly the record the law expects you to produce.

See the move-in reportSee the move-out report