SECURITY DEPOSITS - LANDLORDS BECOMING PHOTOGRAPHERS (April 2025)

Landlords need to get out their cameras to comply with new legislation that amended California Civil Code section 1950.5.   For tenancies that begin on or after July 1, 2025, residential landlords must take photographs of the rental unit immediately before, or at the inception of, the tenancy.

Beginning April 1, 2025, residential landlords are statutorily required to take photographs of the rental unit within a reasonable time after the possession of the unit is returned to the landlord, but in any event before conducting any repairs or cleanings for which the landlord will deduct the costs from the security deposit.  Landlords must also take photographs of the unit within a reasonable time after such repairs or cleanings are completed.

If a deduction is made for repair or cleaning costs, the photographs must be provided with the itemized statement of the deducted costs.  The landlord may provide the photographs to the tenant by mail, email, computer flash drive, or by providing a link where the tenant may view the photographs online.

Needless to say, when the tenant moves out, the landlord should take sufficient photographs to adequately document any needed repairs and cleanings.  However, at the inception of the tenancy, a crystal ball would be needed, not knowing what the condition of the unit will be at the end of the tenancy.  Accordingly, the photographs taken at the inception of the tenancy should be as thorough as practical.