Guide · Move-out

Move-out condition report in California: how the deposit gets settled

The deposit is settled in the three weeks after the keys come back, on the strength of what each side can show. A move-out condition report records the state of the property the day it is handed back, before any cleaning or repair, in a form that can be set against the move-in record. Here is the sequence California law lays out, from the last weeks of the tenancy to the itemized statement.

At a glance

The move-out sequence in four figures.

Apr 1, 2025Since this date, a deduction must be supported by photographs taken at move-out, before any repair or cleaning, and again once the work is completed (AB 2801).
2 weeksThe tenant can request a walkthrough with the landlord. By law it cannot take place earlier than two weeks before the end of the tenancy, so the tenant learns what deductions are being considered while there is still time to act.
21 daysAfter the tenant moves out, the landlord has 21 calendar days to return the deposit and an itemized statement of any deductions, with the supporting photographs.
$125Above this amount of total deductions, receipts or invoices for the work must be attached to the itemized statement.

Every rule in the move-out sequence rewards the side that documented, and none of them can be satisfied from memory.

Definition

What is a move-out condition report, and when should it happen?

A move-out condition report is a dated, photo-documented record of the state of a rental on the day it is handed back, room by room and element by element. It should be made when the keys are returned, once the unit is empty, and before any cleaning or repair that might be charged to the deposit has started.

  • Before any work: AB 2801 wants the photographs of the unit as it was returned, not after the painter has been. A record made after the repairs shows the repairs, not the condition that justified them.
  • Once the unit is empty: furniture and boxes hide floors and walls. The record should show the property in the state the next tenant would find it.
  • With or without a move-in record: the report stands on its own as the dated state of the property at the end of the tenancy. If a move-in record exists, the two are compared; if none exists, see the last question below.
Before moving out

Can a tenant ask for a walkthrough before moving out?

Yes. California gives tenants the right to request what the statute calls an "initial inspection" (Civil Code § 1950.5(f)): a walkthrough with the landlord during the last two weeks of the tenancy, after which the landlord hands over a written list of the repairs and cleanings that could become deductions. The tenant then has until the end of the tenancy to fix them.

Notice is given

Either party gives notice that the tenancy is ending. From that moment, the landlord must inform the tenant in writing that a pre-move-out walkthrough can be requested, and that the tenant has the right to be present.

The tenant requests it

The walkthrough is optional and happens only if the tenant asks for it. The landlord then proposes a date, with at least 48 hours of written notice unless the tenant waives it in writing.

The walkthrough

No earlier than two weeks before the end of the tenancy. The landlord looks at the unit in its current state, belongings still in place, and notes what could be deducted.

The written list

The landlord gives the tenant an itemized statement of the repairs and cleanings proposed as deductions. Later deductions are limited to what was on that list and was not fixed, to damage that occurred afterwards, and to what the tenant's belongings were hiding at the time.

The tenant corrects

Until the tenancy ends, the tenant can carry out the repairs and cleanings on the list, or let them stand and accept the deduction. Either way, nothing on the final statement should come as a surprise.

The keys come back

The move-out condition report records the unit as it is actually returned. That is the photo set AB 2801 requires before any work starts, and the reference for the 21 days that follow.

The comparison

What gets compared between move-in and move-out?

The same rooms and the same elements, in the same order: what was recorded at move-in against what is recorded at move-out. The comparison shows what changed during the tenancy. Whether a change is normal wear or deductible damage is a separate question, and the report does not answer it.

Same rooms, same elements

A comparison only works when both records look at the same things. The kitchen counter at move-out answers the kitchen counter at move-in, or there is nothing to compare.

The direction of wear

For each element, the record shows whether the condition moved, and in which direction: good to worn, clean to soiled, or unchanged.

What appears only at move-out

A burn on the counter, a hole in a door, a missing fixture: anything with no counterpart at move-in is the first thing a deposit conversation turns to.

Cleanliness against the original level

The landlord can only charge the cleaning needed to bring the unit back to its move-in level. Both records need a cleanliness note per room for that to be measurable.

What stays off the table

Normal wear from everyday living cannot be deducted, however visible. Where California draws that line is its own guide, linked below.

The report states, it does not decide

A condition report records facts. What follows from them, a deduction or none, is for the parties or a court to decide. That restraint is what keeps the record useful to both sides.

The 21 days

What happens in the 21 days after the keys come back?

The landlord has 21 calendar days from the day the tenant vacates to return the deposit, in full or with an itemized statement of deductions. Since AB 2801, that statement travels with the photographs of the unit before and after the work, and with receipts once the total passes $125.

21 daysCounted from the day the tenant leaves the unit, not from the end date in the lease. Missing it in bad faith can cost the landlord up to twice the deposit on top of the amount withheld.
Photos, twiceThe itemized statement must carry the move-out photographs taken before any work, and the photographs of the completed repairs, delivered by mail, email or another agreed method.
$125Above this amount of total deductions, receipts or invoices for the work are attached. The tenant can waive the receipts, not the deadline.
Reasonably necessaryDeductions are limited to unpaid rent, damage beyond normal wear, and cleaning back to the move-in level, each for an amount that is reasonably necessary.

Three weeks is short when the record has to be built after the fact. It is comfortable when the record already exists.

No baseline

What if there is no move-in record?

The move-out report still records the state of the property at the end of the tenancy, dated and photographed. What it cannot do is prove what the unit looked like on day one. Under California law that gap weighs on the landlord, who carries the burden of showing that a deduction is justified.

For owners and property managers

Without move-in photographs, a deduction for damage rests on your word against the tenant's. For tenancies that began on or after July 1, 2025, the missing photographs are the missing basis the law asks for. Document the move-out anyway: it fixes the end state and becomes the baseline of the next tenancy.

For tenants

What existed before you cannot become your deduction, and it is not on you to prove it. Your own dated photographs from move-in day, a written report of pre-existing defects sent at the start, and a neutral move-out record all help.

A move-out record without a baseline is half a comparison. It still beats no record at all.

Go deeper

Wear, damage, and the law behind the deposit.

Two guides complete this one: where California draws the line between normal wear and deductible damage, and the full AB 2801 reference with every deadline and figure. The move-in guide covers the other end of the tenancy.

Get the record before the deposit conversation starts.

Scoutmyplace produces independent move-out condition reports across Los Angeles, in the same structure as our move-in reports: every room documented with timestamped photos and video by a scout with no stake in the deposit, delivered within 24 hours, well inside the 21 day window.