AB 2801 photo requirements · California move-in condition report

California stopped treating move-in photos as optional and put the dates in the statute.

AB 2801 amended Civil Code §1950.5 to require photographs at three moments in a tenancy: at move-in, after the tenant returns possession but before repairs or cleaning charged against the deposit, and again once that work is finished. The move-out and post-repair photographs have been required since April 1, 2025; move-in photographs are required for tenancies beginning on or after July 1, 2025. For repair or cleaning deductions, the applicable photographs accompany the itemized statement under §1950.5(h)(2)(D), subject to the documentation exceptions and tenant-request rules in paragraphs (4) and (5). A move-in condition report is the practical wrapper that turns a phone camera roll into a set someone can actually read a year later.

By Deposit Docket · Reviewed against California Civil Code §1950.5 as of .

First exported packet free · No card required

Lease start
Condition report
DP
  1. 01Property and tenancy details
  2. 02Room-by-room photographs
  3. 03Capture dates and provenance
  4. 04Signature block
  5. 05Certificate of completion
Packet statusOrganized
AB 2801
what changed §1950.5

Photographs are now a statutory step, not a best practice — and they travel with the itemized statement.

Apr 1, 2025
move-out and post-repair photos

Photograph the returned unit before repairs or cleaning charged against the deposit, and again after the work is complete.

Jul 1, 2025
move-in photos

Required for tenancies beginning on or after this date, taken immediately before or at the inception of the tenancy.

What AB 2801 requires

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
What a compliant photo set contains

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
What you still cannot charge for

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
The tenant’s acknowledgement

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
From possession to packet

Do it once, at the start, properly.

The move-in record takes an hour on day one and is impossible to reconstruct afterwards. Use this sequence to organize the photographs and supporting record required by AB 2801.

  1. Before keys

    Photograph the empty unit

    Capture every room immediately before or at the inception of the tenancy, while surfaces are still visible and unobstructed. Required for tenancies beginning on or after July 1, 2025.

  2. Defects

    Document what is already wrong

    Photograph existing damage deliberately and close up. Anything recorded now is something that cannot fairly be charged later — including cleaning.

  3. Report

    Assemble the condition report

    Group the photographs by room with their capture dates, so the record is readable by someone who was not present.

  4. Signature

    Ask the tenant to acknowledge it

    Send the report for review. A signature records agreement about the starting condition; a written objection is equally worth having.

  5. Move-out

    Photograph before and after the work

    Once possession is returned, photograph the unit before repairs or cleaning charged against the deposit, and again after that work is done. Required since April 1, 2025.

  6. Statement

    Send the photos with the itemization

    The photographs go to the tenant with the itemized statement and a written explanation of the cost — inside the 21-day window.

Questions landlords ask

The short answers

What is AB 2801 and when did it take effect?

AB 2801 amended California Civil Code §1950.5. Its photograph requirements arrived in two stages: from April 1, 2025, landlords must photograph the unit after the tenant returns possession and before repairs or cleaning charged against the deposit, and again after that work is completed. From July 1, 2025, landlords must also photograph the unit immediately before or at the inception of the tenancy, for tenancies beginning on or after that date. The bill separately limited professional cleaning deductions.

Do the move-in photo rules apply to my existing tenants?

The move-in photograph requirement applies to tenancies beginning on or after July 1, 2025. The move-out and post-repair photograph requirements are not limited that way — they apply from April 1, 2025 onward, including to tenancies that started long before. Photographing an existing unit at your next opportunity is still worth doing, because the comparison you will need at move-out is only as good as the earliest record you have.

Do I have to send the photographs to the tenant?

For repair or cleaning deductions, §1950.5(h)(2)(D) requires applicable photographs with the itemized statement and a written cost explanation, subject to the documentation exceptions and tenant-request rules in paragraphs (4) and (5). Photo-taking duties under subdivision (g) still apply. Delivery can be by mail or email, or by making the photographs available on a flash drive or through an online link.

How many photos are enough?

The statute does not set a number. The working test is whether someone who was never in the unit could place a move-in photograph beside a move-out photograph and see the same surface. In practice that means every room, close framing on any existing defect, and enough context in the frame to tell which room it is.

Does California require a move-in condition report?

California does not prescribe a move-in checklist or condition report form, and a tenant is not required to sign one. The statutory obligation is the photographs. A condition report is the common way landlords organize those photographs, with their dates and room labels, so they can actually be used later.

Can I still charge for professional carpet cleaning?

Only when it is reasonably necessary to return the premises to the condition it was in at the inception of the tenancy, ordinary wear and tear excluded. AB 2801 removed routine professional carpet cleaning and other professional cleaning as a default charge against the deposit, which puts the weight on your move-in record to show what that starting condition actually was.

Is this the same as the California initial inspection?

No. The initial inspection under Civil Code §1950.5(f) happens near the end of a tenancy, on the tenant’s request, and produces an itemized statement of proposed deductions so the tenant has an opportunity to remedy them. A move-in condition report documents the starting condition at the beginning of the tenancy. They are separate obligations at opposite ends of the tenancy.

What if the tenant refuses to sign?

Nothing is lost. Dated move-in photographs remain useful evidence whether or not the tenant acknowledges them, and no California rule obliges a tenant to sign a condition report. A tenant who reviews the report and records a written disagreement is also useful, because the objection is known at move-in rather than at the deposit deadline.

Is an electronic signature valid for this?

Electronic signatures are generally recognized in California under the Uniform Electronic Transactions Act (Civil Code §1633.1 and following) and under the federal ESIGN Act, provided the signer consented to transact electronically and intended to sign. Deposit Docket records that consent, the signer’s typed name, and the surrounding details, and issues a certificate of completion. Whether a particular record is sufficient in a particular dispute is for a court to decide.

Does a signed move-in report let me keep the deposit?

No. It documents the condition at the start of the tenancy. Whether any deduction is lawful still depends on what actually changed, whether it exceeds ordinary wear and tear, whether the amount is supported, and whether the statutory accounting and deadline were met.

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