California AB 2801 is the 2024 law that makes landlords photograph your unit before keeping deposit money for repairs or cleaning. If a letter cites California AB 2801, the key number is 21 calendar days after move-out for your itemized statement.
What California AB 2801 Actually Says
California AB 2801 was passed in 2024. It did not create a new code section. Instead, it amended California Civil Code section 1950.5, the state’s main security deposit law. The official text also reflects later changes, including AB 414, effective January 1, 2026.
The heart of California AB 2801 is proof. For example, a landlord used to be able to say the carpet was ruined and simply bill you. Now they generally need photos showing the unit before and after the work. As a result, it is much harder to charge you for damage that was already there.
The law also targets cleaning charges. A landlord cannot charge you for professional carpet cleaning unless it is reasonably necessary. The same goes for other professional cleaning. The test is whether the work returns the unit to its move-in condition, not counting ordinary wear and tear.
| Provision | Exact rule | Section |
|---|---|---|
| Move-in photos | Required for tenancies beginning on or after July 1, 2025, immediately before or at the start of the tenancy | 1950.5(g)(1) |
| Move-out photos | Beginning April 1, 2025: within a reasonable time after you return the unit, before any repairs or cleaning that will be charged to you | 1950.5(g)(2) |
| After-repair photos | Within a reasonable time after those repairs or cleanings are completed | 1950.5(g)(2) |
| Photos sent to you | Required with the itemized statement if they deduct for repairs or cleaning, sent by mail, email, flash drive, or online link | 1950.5(h)(2)(D) |
| Wear and tear | No charge for ordinary wear and tear or conditions that existed before you moved in | 1950.5(e)(2)(A) |
| Professional cleaning | Only if reasonably necessary to restore move-in condition, not counting ordinary wear and tear | 1950.5(e)(2)(C) |
| Itemized statement | No later than 21 calendar days after you move out | 1950.5(h)(1) |
| Bad-faith penalty | Up to twice the amount of the deposit, plus actual damages | 1950.5(m) |
Who California AB 2801 Covers (and Who It Does Not)
California AB 2801 applies to security deposits on residential rentals used as the tenant’s home. That comes straight from section 1950.5(a). In most cases, if you rent the place you live in, you are covered.
Timing matters, however. The move-in photo rule only covers tenancies that began on or after July 1, 2025. If you moved in earlier, California AB 2801 did not require move-in photos for your unit. However, the move-out and after-repair photo rules have applied since April 1, 2025, no matter when you moved in.
The photo rules in subdivision (g) do not list an exemption for small landlords. Some California cities also have their own rental rules. Check with your city housing office or local legal aid to see whether extra protections apply where you live.
What Your Landlord Must Do Under California AB 2801
Under California AB 2801, your landlord has three photo jobs. First, they photograph the unit at move-in if your tenancy began on or after July 1, 2025. Second, they photograph it after you move out, before any repairs or cleaning they will charge you for. Third, they photograph it again after that work is done.
Your landlord also has older duties under the same section. Before you move out, they must tell you in writing that you can ask for an initial inspection. That inspection happens no earlier than two weeks before your tenancy ends. Typically, the landlord must give at least 48 hours’ written notice of the time, unless you both sign a waiver.
The statement must also include receipts or invoices for the work. For example, if the landlord did the work, they must list the time spent and the hourly rate. If a repair cannot be finished within 21 days, they may deduct a good-faith estimate. They must then send the final paperwork within 14 calendar days of finishing.
What You Can Do When It Is Broken
Start by writing to your landlord. Ask for the photos required by California AB 2801 and the receipts for every deduction. Keep a copy of your letter. In many cases, a calm written request fixes the problem.
If that fails, you may be able to sue in small claims court. Section 1950.5(o) allows this when your claim is within the limit set in Code of Civil Procedure section 116.220 or 116.221. Confirm the current limit with your court’s self-help center. In court, the landlord has to prove the charges were reasonable.
If a landlord keeps your deposit in bad faith, a court may award up to twice the deposit, on top of your actual losses. Missing California AB 2801 photos can be strong evidence in your favor. However, no outcome is guaranteed. If you face an eviction or a large claim, contact a local legal-aid office or tenant attorney right away.
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Frequently Asked Questions
Does California AB 2801 apply if I moved in before July 1, 2025?
Partly. Your landlord did not have to take move-in photos. However, since April 1, 2025, they must take move-out and after-repair photos before charging you for repairs or cleaning.
Can my landlord charge me for professional carpet cleaning?
Only if it is reasonably necessary to return the unit to its move-in condition, not counting ordinary wear and tear. Under California AB 2801, the landlord also needs photos to back up the charge. A flat cleaning fee charged to every tenant is worth questioning.
What if my landlord never sent photos with my deposit statement?
Send a written request for the photos and receipts. If the landlord deducted for repairs or cleaning without them, that may support a small claims case. Check with a local legal-aid office about your options.
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Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
California Renter Guides
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- California Rent Increase Laws
- California Repairs and Habitability
- Breaking a Lease in California
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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.