Article and Video below.
California landlords and property managers can add yet another new legal requirement to their compliance checklist, but this one is actually something you should be doing anyway. PHOTOS! Starting January 1, 2025, California landlords and property managers must comply with AB 2801, a new law that strengthens security deposit protections and requires detailed photo documentation at key stages of tenancy. Nothing beats a “before and after” photo, and this new law basically mandates just that.
While many professional landlords and property managers—including Lucas Real Estate—have long followed these best practices, AB 2801 now makes them a legal requirement. This law establishes mandatory move-in, move-out, and post-repair photo documentation, imposes stricter limits on security deposit deductions, and clarifies what qualifies as “reasonably necessary” charges for cleaning and repairs and makes it more challenging to force the use of “professional cleaners” or “professional carpet cleaning.”
If you’re a landlord in Newport Beach, Costa Mesa, or surrounding areas, Lucas Real Estate can help you navigate these new regulations, ensuring you remain compliant while protecting your rental investment.
Here’s what you need to know about the new law…
Read our article below and/or check out our detailed video presentation on 2025 new Landlord Tenant Laws, with New Photo Documentation and Security Deposit Regulations Requirements Fees being at 25:12 – 33:13), which was given by Devin Lucas on January 29, 2025, to a group of realtors, covering these critical updates in detail:
Key Requirements of AB 2801
1. Mandatory Photo Documentation for All Tenancies
Beginning April 1, 2025, landlords must document the condition of rental units with before and after photos at the following stages:
- Move-In Photos (Effective July 1, 2025):
- For tenancies starting on or after July 1, 2025, landlords must take photographs before or at the inception of the tenancy to document the unit’s condition.
- Move-Out Photos (Effective April 1, 2025):
- Photos must be taken within a reasonable time after the tenant has returned possession of the unit.
- Post-Repair/Post-Cleaning Photos (Effective April 1, 2025):
- If a repair or cleaning results in a security deposit deduction, landlords must take photos before and after the work is completed.
2. Providing Photos and Itemized Statements to Tenants
- If any deductions are made from the security deposit, landlords must provide the following to the tenant:
- Move-in, move-out, and post-repair/post-cleaning photos
- A written explanation detailing the costs of allowable repairs or cleaning
- Photos may be shared via mail, email, flash drive, or a link to a viewable website.
- Failure to provide these photos in bad faith may result in loss of the landlord’s right to claim any amount from the security deposit.
Stricter Limits on Security Deposit Deductions
AB 2801 reinforces existing law by emphasizing that only “reasonably necessary” charges can be deducted from a tenant’s security deposit and clearly calls out Professional Cleaning and Carpet Cleaning as areas of caution. This is not *new* law per se, but is the state of California doubling down on tenant protections and sending a clear signal to landlords that seek to charge tenants for, or mandate the use of, “professional” cleaners.
Indeed, the state has added the following language to the applicable code on security deposit deductions, California Civil Code section 1950.5, by stating, “It is the intent of the Legislature, in enacting this measure, to ensure that landlords do not subsidize improvements to their rental properties with a former tenant’s security deposit.”
1. No Deductions for Preexisting Conditions or Normal Wear and Tear
- Landlords cannot charge a tenant for preexisting damage or defects that were present at the start of the tenancy.
- Ordinary wear and tear is not a valid reason for a deduction.
2. Professional Cleaning and Carpet Cleaning Rules
- Professional cleaning services (including carpet cleaning) cannot be charged to the tenant unless “reasonably necessary” to restore the unit to its original move-in condition, excluding ordinary wear and tear.
- Landlords cannot require tenants to pay for professional cleaning as a standard practice.
- This provision closes a loophole that some landlords previously exploited by charging tenants for professional cleaning as a default instead of based on actual necessity.
3. Security Deposits Cannot Be Used for Property Upgrades
- The law explicitly prohibits landlords from using a tenant’s security deposit to subsidize property improvements.
- Deductions for materials, labor, or contractor work must be limited to what is “reasonably necessary” to restore the unit to its original condition at move-in, minus normal wear and tear.
4. Transparency in Security Deposit Usage
- Landlords must provide itemized statements for any deduction, along with supporting photos and cost breakdowns.
Summary: What This Means for Landlords and Tenants
Just take before and after photos! Photos before a tenant moves in, photos after. Take photos before a repair for which you plan to charge a tenant, and after the repair. Tenants, you should be doing this too! (and there’s no legal requirement for the tenant to share the photos with the landlord, so simply keep them saved and handy in case you need them later).
✔️ Landlords:
- Before and after photos are now legally required, not just best practice.
- Security deposit deductions must be fully documented and limited to necessary expenses.
- Failing to comply in bad faith means losing the right to claim from the security deposit.
✔️ Tenants:
- Take your own move-in and move-out photos to protect yourself.
- Landlords must now provide proof for all deductions, ensuring greater transparency.
- Ordinary wear and tear cannot be deducted, nor can standard professional cleaning fees.
Lucas Real Estate’s Approach to Property Management
At Lucas Real Estate, we’ve always followed these best practices—long before they became legal requirements. Our property management services in Newport Beach, Costa Mesa, and beyond ensure compliance with AB 2801 and other evolving California landlord-tenant laws.
Why Choose Lucas Real Estate for Property Management?
✅ Expertise in Landlord-Tenant Law: We stay ahead of regulatory changes to protect our clients and their investments.
✅ Newport Beach & Costa Mesa Specialists: We provide localized expertise tailored to the Orange County rental market.
✅ Comprehensive Property Management: From tenant screening and lease agreements to security deposit handling and legal compliance, we cover it all.
✅ Proactive Legal Compliance: We ensure landlords meet all new legal obligations, so you can avoid costly disputes and penalties.
View more information on our property management services here.
Contact us anytime via phone (949-478-1623) or email ([email protected])
About Lucas Real Estate
Lucas Real Estate is a full-service real estate brokerage providing expert property management and legal compliance services in Newport Beach, Costa Mesa, and surrounding Orange County areas.
Devin Lucas – California Licensed Real Estate Attorney, Real Estate Broker, and REALTOR®
Courtney Lucas – California Licensed CPA and REALTOR®
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