AB 2801 Compliance: Move-In and Move-Out Photo Requirements for California Landlords

California’s AB 2801 imposes new photographic documentation requirements for residential rental housing, designed to increase transparency and reduce disputes over security deposit deductions. These rules apply in two phases:

• Phase One (effective April 1, 2025):
  Landlords must take comprehensive photographs of the unit’s condition immediately after the tenant vacates (except when possession is regained through eviction), and must also take before-and-after photos of any damage that results in deductions. These images, along with any receipts or invoices, must be shared with the tenant as part of the itemized security deposit statement. 

• Phase Two (effective July 1, 2025):
  For all new tenancies beginning on or after this date, landlords must take clear, detailed photographs of the unit’s condition at move-in, share those images with the tenant, and retain them in their records. These photos serve as the official baseline for evaluating future wear, damage, or deductions.

Whether or not you ever deduct from the deposit, move-in and move-out documentation are now critical to protecting your rights as a housing provider.

What the Law Requires

Under AB 2801, landlords must:

At Move-In (for tenancies starting on or after July 1, 2025):

• Take clear, still photographs of the unit’s condition as close as reasonably possible to the date the tenant takes possession

• Share the images with the tenant

• Retain the photos in your records

At Move-Out (for all tenancies):

• Take photographs of the unit’s condition before any cleaning or repairs are done

• Take additional “after” photos if you make any repairs or cleaning related to deductions

• Include relevant before-and-after photos with the itemized security deposit statement if deductions are made

These requirements apply statewide. Failing to document the unit properly may weaken your ability to justify deductions and can increase your legal risk in the event of a dispute.

Move-Out Photos: Required vs. Recommended

Not making any deposit deductions? You’re not legally required to take or share move-out photos, but you absolutely should. Tenants can still file complaints or lawsuits later, claiming:

• • “The place was uninhabitable when I lived there.”

  • “The landlord never fixed anything.”

Without photos, you have no proof of the unit’s condition when it was returned to you. Even with a full deposit refund, clear documentation helps protect you from future claims and strengthens your credibility in any dispute.

What You Should Photograph

Use BPOA's Photo Documentation Checklist to ensure you capture all areas. Photograph every room in the unit, including:

• Walls, floors, windows, doors, closets

• Appliances (interior and exterior)

• Cabinets, countertops, sinks, toilets, tubs, and showers

• Any pre-existing damage, scuffs, stains, or wear

Note: Don’t rely solely on video. Video is hard to search and does not always capture details clearly. Use still photos. Timestamping is not required by law, but highly recommended for your records.

How to Organize the Photos

• Use BPOA’s Move-In/Move-Out Checklist to guide your process

• Label photo files by room and feature (e.g., "Kitchen - Stove Interior")

• Store the images securely, either in the cloud or in a clearly organized digital folder

You do not need to provide the photos to the tenant at move-in, but you must share them with the tenant if deposit deductions are later made.

Why This Matters

AB 2801 closes a long-standing documentation gap. In security deposit disputes, many landlords struggle to prove whether damage was new or pre-existing. A clear record at both move-in and move-out is now essential.

Your ability to make lawful and defensible deductions depends on comparing:

• Move-in condition photos and checklist

• Move-out and post-repair photos

• Receipts or invoices for any deducted costs

Without that trail, you risk losing deposit disputes, even if the damage is legitimate.

Resources for BPOA Members

• Photo Documentation Checklist (for move-in and move-out)

• Move-In/Move-Out Inspection Form

These resources are available in the Rental Housing Forms Library, under both the Move-Ins & Start-of-Tenancy section and the Move-Outs & End-of-Tenancy section.

You can also find more guidance in the Knowledge Hub under Starting/Ending a Tenancy.

If you have questions about how to structure your documentation process, contact BPOA. We’re here to help.