Changes to California law (specifically, Cal. Civ. Code Section 1950.5(g)-(h)) effective this year will obligate residential landlords to photographically document the condition of rental units at the outset and conclusion of tenancies.
Residential landlords desiring to preserve their right to deduct the costs of repairs and cleanings from their tenants’ security deposits must document the condition of a rental unit by taking photographs of the rental unit at the following times:
- Starting April 1 of this year, photographs must be taken both: (1) after regaining possession from a tenant but before making repairs or cleanings they will deduct from or claim against the tenant’s security deposit; and (2) once such repairs or cleanings are completed.
- Photographs additionally must be taken immediately before, or at the inception of, any tenancy beginning on or after July 1, 2025.
To deduct the cost of repairs or cleanings, landlords will need to provide the required photographs (by mail, email, computer flash drive or online link) and a written explanation of the cost of the repairs and cleanings.
Owners and managers of California residential real property should consider consulting with legal counsel to update procedures and practices for compliance with these new requirements.
This document is intended to provide you with general information regarding a new law in California requiring landlords to photograph units in certain circumstances. The contents of this document are not intended to provide specific legal advice. If you have any questions about the contents of this document or if you need legal advice as to an issue, please contact the attorneys listed or your regular Brownstein Hyatt Farber Schreck, LLP attorney. This communication may be considered advertising in some jurisdictions. The information in this article is accurate as of the publication date. Because the law in this area is changing rapidly, and insights are not automatically updated, continued accuracy cannot be guaranteed.