It’s never too early to begin thinking about legal compliance for 2025, and if you’re renting out a property in the Bay Area or anywhere in California, there are some new requirements about move-out processes, security deposit returns, and tenant communication.
We’re talking about mandatory photos, and if you’re not sure what AB 2801 is, or how it pertains to your rental property, we recommend you talk to us.
Here’s what we can tell you about mandatory unit photos for property owners, and how you can make sure you’re complying with the new law.
AB 2801: What Does it Require?
This law requires that a landlord who collects a security deposit must take photographs of the unit during these specific times:
- Immediately before the tenancy, or at the start of the tenancy.
- At the end of the tenancy, within a reasonable time after the unit is returned to the landlord, but before any repairs are made or cleaning is completed for which the landlord will make a deduction from the security deposit.
- Within a reasonable time after those repairs and/or cleaning are completed.
To be clear, this means you have to take photographs of your rental property at three different times before and after the rental period. We have long encouraged property owners to conduct these inspections and take these photos anyway. Now, it’s a legal requirement.
As the landlord, you must provide these photographs to the departing tenant with the return of the security deposit or the itemized list of deductions that were made to the security deposit.
Providing the tenant with these photos at the end of the tenancy is a law that begins on April 1, 2025. For tenancies that begin on or after July 1, 2025, the landlord must take photographs of the unit immediately before, or at the start of, the tenancy.
How to Prepare for the New Laws Around Photos
California landlords are not strangers to legal compliance. Our state has a number of laws that protect tenants and their rights. But how can you be sure you’re set up to remain compliant with new laws as they come online in 2025?
For this law specifically, we’ve put together some actionable steps. Follow these to ensure compliance with AB 2801 and protect your rental property. Avoiding the liability and risk of a legal challenge is always a priority when you own rental properties. Here’s what to do:
1. Understand the Requirements
Ensure you have a clear understanding of what AB 2801 entails. The photos needed must accurately reflect the current state of the rental property, including critical areas like:
- All bedrooms and living spaces, including closets and cabinets
- Kitchens and bathrooms, including appliances and tubs or showers
- Outdoor areas, such as yards or patios
These photos should be date-stamped and presented to tenants prior to lease signing. Take a lot of photos so you can accurately and comfortably document the condition of the property before your tenants take possession.
2. Invest in Quality Equipment
It’s easier than ever to shoot high quality photos with your phone. To comply fully, you’ll need high-quality, clear, and detailed photographs. Use a camera capable of capturing sharp details in both well-lit and low-light areas. Investing in a quality DSLR or a smartphone with a high-resolution camera will do the job effectively. You don’t want to find yourself in court because you were rushed or willing to settle for subpar photos.
3. Document Property Condition Thoroughly
Create a checklist to ensure you document every corner of the property. Key points to focus on include:
- Small but important details like fixtures, outlets, and appliances
- Areas that are prone to wear and tear, such as walls and floors
- Common areas, for multi-unit properties
Keep a systematic record of all your photos for easy retrieval and sharing when needed. Clearly label the before photos, the after photos, and those pictures that you took after completing the work that was necessary to return your property to the condition it was in before your tenants moved in.
4. Use a Digital Record Management System
Manually managing hundreds of property photos can get overwhelming. A digital record management system is going to streamline both your system and your compliance. Investing in good technology allows you to:
- Organize photos by property, date, and tenant
- Securely store and back up files
- Streamline sharing with tenants digitally
Platforms like Google Drive, Dropbox, or specialized property management software can simplify this process.
If you’re not sure about the technology needs or your ability to meet them, talk to us at Bayside Management. We already have excellent platforms and processes in place, which will make compliance with this new law a breeze.
5. Communicate Proactively with Tenants
Compliance also involves educating your tenants. When providing the photos, discuss AB 2801 and explain why these documents are important for both parties. Transparency builds trust and helps avoid confusion down the line.
Consider creating a standard disclosure document to accompany the photos, signed by both parties to acknowledge receipt.
It may seem like this is yet another law designed to take up valuable time and resources. But compliance with AB 2801 benefits everyone, including rental property owners. It enhances transparency between landlord and tenant, reducing disputes over property conditions. It also protects property owners from false damage claims by having a record of the property’s condition before and after tenancy.
As property managers, we appreciate professionalism, and this new law allows you to showcase a commitment to trust and accountability.
Failing to meet AB 2801 standards could result in fines, court appearances, or damage to your reputation. Let’s talk about how we can help you make compliance more than a requirement, but a standard way of doing business.
For more information, or if you have any questions, please contact us at Bayside Management. We lease, manage, and maintain investment properties in San Mateo and around the Peninsula, including San Carlos, Redwood City, Pacifica, San Bruno, Half Moon Bay, Daly City, Mountain View, Foster City, and Palo Alto.