California AB 2801: New Security Deposit Law Requires Landlords to Take Photos – What Self-Managed Landlords Need to Know
If you're a self-managed landlord in California, keeping up with ever-changing rental laws is no small feat. One of the most significant updates to hit the rental housing industry in 2025 is Assembly Bill 2801 (AB 2801), a new regulation that directly impacts how landlords handle security deposit deductions.
AB 2801 requires California landlords to take and retain photos when making deductions from a tenant’s security deposit. Designed to enhance transparency and reduce disputes, this law introduces a photographic standard of evidence that can have far-reaching consequences for how rental properties are managed.
In this blog post, we’ll explore:
✅ What AB 2801 is and why it was passed
🧾 What types of photos are required
🛠️ How to comply as a self-managed landlord
⚖️ Legal and financial implications
📂 Best practices for documentation
🔑 Final tips to stay compliant and protect your property
🏛️ What Is California Assembly Bill 2801?
AB 2801, signed into law in 2024 and effective July 1, 2025, amends California Civil Code Section 1950.5, the statute governing the use and return of residential security deposits.
The key change is this:
Landlords must now take photographs of any condition or damage for which they withhold money from the tenant's security deposit. These photos must be retained for at least four years and made available to the tenant upon request.
This legislation was introduced to combat claims of unjust or vague deductions and to establish an objective visual record of property condition during move-out inspections.
📷 What Exactly Do Landlords Need to Photograph?
Under AB 2801, landlords must photograph any damage or condition that justifies deducting from a tenant’s security deposit. This includes, but is not limited to:
Holes in walls or doors
Broken or damaged fixtures
Excessive wear and tear beyond normal use
Stained or ripped carpets
Unclean appliances or bathrooms
Trash or debris left behind
Any repairs or cleaning that go beyond ordinary maintenance
Photos must be clear, date-stamped, and representative of the actual damage. A simple blurry image or vague close-up won’t cut it — your documentation must clearly show what, where, and why the deduction is being made.
👨💼 Why This Matters for Self-Managed Landlords
If you manage your rental property without a professional property manager, you are now legally responsible for capturing and storing this visual evidence.
Unlike corporate landlords with automated systems, self-managed landlords need to take extra care to stay compliant:
You’ll need a process in place for move-out inspections
You must use a reliable system to take, store, and retrieve photos
You’ll be expected to present these photos if a tenant challenges your deductions in small claims court
For many self-managed landlords, this means updating your turnover process and training yourself or your staff in photo documentation best practices.
🧰 How to Comply with AB 2801: A Step-by-Step Guide
Here’s how you can stay compliant with the new law as a self-managed landlord:
1. Conduct a Thorough Move-Out Inspection
Schedule a walk-through after your tenant vacates. Bring a smartphone or digital camera and a copy of your original move-in condition checklist for reference.
2. Photograph All Deductible Damage
For every item you plan to deduct for (e.g., wall damage, dirty appliances), take multiple clear photos:
Wide-angle shots to show context
Close-ups to highlight specific damage
Include a ruler or object for scale when needed
3. Use a Photo Management System
Store your photos in a digital folder labeled by tenant name and address. Consider using cloud-based tools like:
Google Drive or Dropbox
Property management software (we use Appfolio)
Ensure each photo is date-stamped, either using the camera settings or software editing tools.
4. Retain for at Least Four Years
Under AB 2801, these images must be kept on file for a minimum of four years. This retention period protects both you and your tenants if disputes arise long after move-out. Sail Properties has been doing this for over 10 years.
5. Include Photo References in the Security Deposit Itemization
When sending the 21-day security deposit disposition letter, reference photos where applicable:
“$120 deduction for wall damage in bedroom (see attached photos).”
Tenants can request the photos, and you should provide them within a reasonable timeframe.
⚖️ Legal & Financial Risks of Non-Compliance
Failing to comply with AB 2801 exposes landlords to legal risk. If a tenant disputes your deductions and you don’t have photographic evidence:
You could lose the dispute in small claims court
You may be required to return the full security deposit
Courts can award up to 2x the deposit amount in damages for “bad faith” withholding
Your credibility and landlord reputation may suffer
Taking simple preventive steps now can save you thousands of dollars in future legal disputes.
🏡 Best Practices for Self-Managed Landlords
AB 2801 is not just a new hoop to jump through — it’s also an opportunity to professionalize your property management process. Here are some extra tips to ensure success:
✅ Do a pre-move-out inspection: Offer tenants a chance to fix issues before move-out. Document this inspection with photos too.
✅ Create a standard photo checklist: Develop a room-by-room photo protocol to use for all turnovers.
✅ Back up your data: Always have copies saved on both a local drive and the cloud.
✅ Keep communication clear: Inform tenants early about your photo policy and move-out expectations.
✅ Use side-by-side comparisons: Pair move-in and move-out photos to support your claims.
🧠 Final Thoughts: Be Proactive, Not Reactive
For self-managed landlords in California, AB 2801 is a wake-up call. Gone are the days when vague descriptions and handwritten notes were enough to justify deposit deductions. Now, if you want to deduct, you must document.
This law helps protect both landlords and tenants by setting clear expectations. For landlords, it means less ambiguity, more transparency, and potentially fewer legal disputes — if you follow the rules.
So grab your phone, snap those pictures, and build a system now that will support your rental business well into the future. If this is too much for you, Sail Properties is here to help. Give us a call.
