General information only, not legal advice. This article concerns residential rentals in California, USA. It does not describe the rules in other states or the UK. Reviewed 12 October 2026.
A landlord deducts money for cleaning or repairs but sends no photographs. In California, that is a documentation issue worth examining: photo requirements introduced in 2025 now form part of the security-deposit rules. Missing photos do not, by themselves, establish what a court will award.
Which photographs are required?
The California Department of Real Estate’s tenant guide explains two separate starting dates:
- From 1 April 2025, landlords must photograph the unit within a reasonable time after possession is returned, before cleaning or repairs charged against the deposit, and again within a reasonable time after that work is completed.
- For tenancies beginning on or after 1 July 2025, landlords must also take photographs immediately before or at the start of the tenancy.
An older tenancy therefore does not automatically fall outside the move-out photo rule. Its start date matters separately for the move-in requirement.
Photos accompany an accounting; they do not replace it
The DRE guide describes providing the move-out and post-work photographs when deductions are made, alongside the deposit accounting. Photographs can be supplied through methods including email or an online link. A picture alone does not explain how a charge was calculated.
California Courts’ security-deposit guide explains the general 21-day deadline after move-out for returning the deposit or providing the remaining balance and an itemized deduction statement. It also describes receipt requirements and limited use of good-faith repair estimates when work cannot be completed within that period. Those rules deserve separate attention if work is unfinished.
Does no photo mean an automatic refund?
That conclusion goes too far. The Senate Judiciary analysis of AB 2801 distinguishes documentation duties from bad-faith noncompliance. It is legislative background, rather than a substitute for the current law or a decision about an individual dispute.
The California Courts guide explains that additional damages of up to twice the deposit may be awarded for bad-faith retention. They are not a guaranteed payment whenever a document is missing. Whether a deduction was lawful, whether the landlord acted in bad faith, and which remedy applies are separate questions.
What records help explain the disagreement?
A useful dispute file separates each charge from the evidence offered for it. For example, a cleaning invoice shows a price; move-in and move-out records help explain whether the condition actually changed. Neither answers every question on its own.
- The lease and proof of the deposit paid.
- The tenancy start date, move-out date and record of returning possession.
- The itemized statement, refund, invoices and any photo links received.
- Original photographs, inspection records and correspondence about disputed charges.
For a broader overview, see our US security-deposit explainer. A California legal-aid service, court self-help centre or licensed attorney can assess filing deadlines, the correct defendant and how the current rules apply. This article does not recommend withholding rent, ending a lease or filing a lawsuit.
What remains case-specific: the rental arrangement, applicable dates, work performed, documents supplied, lawful deductions and evidence of bad faith.
Illustrative photograph: Brandon Griggs on Unsplash, used under the Unsplash License. The pictured building is not the subject of a dispute.
