Three photo moments, two effective dates
Since April 1, 2025, a landlord must take photographs of the unit within a reasonable time after the tenant returns possession and before repairs or cleaning charged against the deposit begin, and then again within a reasonable time after that work is completed. The pair is the point: the first set shows the condition you are charging for, the second shows what the money bought.
For tenancies beginning on or after July 1, 2025, a landlord must also take photographs of the unit immediately before, or at the inception of, the tenancy. That is the baseline the move-out set gets compared against.
For repair or cleaning deductions, §1950.5(h)(2)(D) requires the applicable photographs with the itemized statement and a written cost explanation. Paragraphs (4) and (5) address documentation exceptions and tenant requests; those exceptions do not remove the photo-taking duties in subdivision (g). They may be delivered by mail or email, or made available on a flash drive or through an online link.
- Move-in: immediately before or at the inception of the tenancy (tenancies from July 1, 2025)
- Move-out: after possession is returned, before repairs or cleaning charged against the deposit (from April 1, 2025)
- Post-work: after the repairs or cleaning are completed (from April 1, 2025)
- Delivery: with the itemized statement — mail, email, flash drive, or an online link
Coverage, dating, and a comparable frame
The statute says photographs. It does not say how many, from what angle, or at what resolution. What decides a dispute is whether a reader who was never in the unit can put the move-in shot beside the move-out shot and see the same wall, appliance, or floor.
Gaps are what cause problems. A room nobody photographed at move-in is a room where the starting condition rests on recollection, and recollection is the weakest thing in the file. The same is true of a repair photographed only after it was finished: without the before shot, the invoice is the only evidence the damage existed.
- Every room, including ones that look unremarkable at the time
- Fixtures, appliances, flooring, and any pre-existing damage
- Close framing on defects that already exist, so they are not charged later
- The same framing at both ends of the tenancy, so a comparison is possible
- Capture dates preserved rather than reconstructed from memory
- Storage that survives a phone upgrade or a change of manager
AB 2801 also narrowed the cleaning deduction
The same bill barred landlords from requiring payment for, or claiming against the deposit for, professional carpet cleaning or other professional cleaning services unless the work is reasonably necessary to return the premises to the condition it was in at the inception of the tenancy, ordinary wear and tear excluded.
That makes the move-in record do double duty. The condition at inception is now the explicit yardstick for a cleaning charge, and the only reliable evidence of it is the photographs taken on day one.
- Routine professional carpet cleaning is not a chargeable default
- The test is the condition at the inception of the tenancy, less ordinary wear and tear
- Move-in photographs are what establish that condition
A shared record beats a one-sided one
California does not prescribe a move-in checklist form, and a tenant is not obliged to sign one. The statutory obligation is the photographs. But photographs the tenant has reviewed and signed are evidence about which there is much less to argue, because the disagreement — if there is one — surfaces at move-in instead of at the deposit deadline.
Deposit Docket sends the tenant a private link to the condition report. They review the photographs, then either sign electronically or record a written disagreement. A signed copy and a certificate recording who signed, when, and from where are attached to the file and travel with the eventual deposit packet.
This does not waive any tenant right, and it does not authorise any future deduction. It records what both parties saw on day one.
- No account or password for the tenant
- Signed copy emailed to them and kept on the file
- Certificate of completion with timestamp and attribution
- A written objection is captured rather than lost