California Security Deposit Law in 2026 — What Renters Need to Know
If you rent in California, the law is more on your side than it has ever been. AB 2801 — effective July 1, 2025 — legally requires your landlord to take date-stamped photos before you move in and again after you move out. Here's what that means, and how to make sure you keep every dollar of your deposit.
Why now: AB 2801
California's AB 2801 amends Civil Code §1950.5 to require landlords to:
- Take date-stamped photographs of the unit's condition before the tenant moves in.
- Take date-stamped photographs after the tenant moves out.
- Provide the tenant with copies of any photographs used to justify deductions from the security deposit.
The law took effect July 1, 2025. It applies to most residential rentals in California.
The basics: California Civil Code §1950.5
- Maximum deposit (unfurnished)
- 2× monthly rent
- Maximum deposit (furnished)
- 3× monthly rent
- Return window
- 21 calendar days from vacating
- Itemization required
- Yes — written statement of any deductions, with receipts/estimates for any deduction over $125
- Photo documentation
- Required of landlord under AB 2801 (eff. July 1, 2025)
What you can do as a renter
- Photograph everything on move-in day. Every defect. Every scuff. Every appliance condition. Date-stamped. Before you sign the walk-through form.
- Document the same areas at move-out. Same angles. Same lighting if possible.
- Request the landlord's photos in writing if any deduction is taken. Under AB 2801, they must provide them.
FAQ
Can my landlord keep my deposit for normal wear and tear in California?
No. California Civil Code §1950.5 explicitly prohibits landlords from deducting for ordinary wear and tear. Deductions can only cover unpaid rent, repair of tenant-caused damage beyond ordinary use, cleaning to return the unit to its original level of cleanliness, and (if the lease allows) restoration.
How long does my landlord have to return my deposit?
21 calendar days from the day you vacate. After that, they may forfeit the right to make deductions and may owe you up to twice the deposit amount as a penalty for bad-faith retention.
What if my landlord doesn't itemize the deductions?
Failure to provide a written itemization within 21 days can result in the landlord owing you the full deposit back, plus statutory damages of up to twice the deposit for bad-faith retention.
What does AB 2801 require landlords to do?
AB 2801 (eff. July 1, 2025) requires California landlords to take date-stamped photographs of the rental unit's condition before move-in and after move-out, and to provide tenants with a copy of any photographs used to support security deposit deductions.
