New Law Reminder: AB 2801
AB 2801, passed in 2024, introduced new requirements for handling security deposits. To support a smooth transition, SCRHA updated the relevant forms ahead of the bill’s key compliance deadlines. Read on for a refresher on Security Deposit requirements now in effect.
Effective July 1, 2025, landlords must take photographs of the rental unit either immediately before or at the inception of the tenancy.
#272: Move-In Move-Out Inspection Report
This form has an area where the housing provider shall indicate the number of photographs included that clearly depict the condition and state of the unit at the time of move-in/lease signing. There is also a space for tenants to acknowledge the receipt of the photos and that if the written description differs from the photographs, the housing provider shall rely on the photos as evidence of the move-in condition.
Beginning April 1, 2025, housing providers are required to take photographs of a unit upon receiving possession/before repairs are done, and again after any repairs or cleaning for which the housing provider is deducting from the security deposit.
#610: Itemization of Security Deposit
If a deduction is made for repairs or cleaning, the housing provider must provide photographs along with a written explanation of the cost of the allowable repairs or cleanings. SCRHA added the following to the itemization form: “Pursuant to Section 1950.5 of the California Civil Code, photographic documentation is enclosed of the condition of the rental property before repairs and after repairs, to substantiate any claims made on the security deposit, for damages or cleaning.”
Please Note: The 21-day deadline for returning security deposits still applies.
Additional provisions of AB 2801:
- Establishes that a landlord may claim against the security deposit only the amounts that are reasonably necessary.
- Establishes that claims against the tenant or the security deposit for work performed by a contractor, the landlord, or the landlord's employee must be limited to a reasonable amount necessary to restore the premises back to the condition it was in at the inception of the tenancy, exclusive of ordinary wear and tear.
- Establishes that claims against the tenant or the security deposit for material or supplies must be limited to a reasonable amount necessary to restore the premises back to the condition it was in at the inception of the tenancy, exclusive of ordinary wear and tear.
- Prohibits a landlord from requiring a tenant to pay for, or assert a claim against the tenant or the security for, professional carpet cleaning or other professional cleaning services, unless reasonably necessary to return the premises to the condition it was in at the inception of tenancy, exclusive of ordinary wear and tear.
- Establishes that if an initial inspection is conducted and at the time of the inspection the premises do not contain tenant possessions that prevent the landlord from identifying repairs or cleanings due to the presence of those possessions, the landlord is prohibited from using the security for items unidentified in the itemized statement based on the initial inspection.
- Provides that a landlord may still use the security deposit for allowable deductions that occur between completion of the initial inspection and when possession of the unit is returned to the landlord.
- Provides that a landlord may still use the security deposit for allowable deductions, as provided, not identified during the initial inspection due to the presence of the tenant's possessions.
- Provides that the landlord may provide the photographs required to the tenant by mail, email, computer flash drive, or by providing a link where the tenant may view the photographs online.
- Establishes that a landlord is not entitled to claim any amount of the security, if in bad faith, they fail to comply with the requirements regarding return of the security deposit.
How to Access Forms to Comply with AB 2801
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