Landlords are responsible to provide and manage the walk-through of their rental property in California. The tenant is entitled to participate and be present. Laws place the principal responsibility on the landlord, particularly prior to the time a tenant moves out.
The tenant is responsible for requesting the inspection if they wish, to attend if they so wish, and to deal with any shortcomings noted during the walkthrough before departing. The tenant does not have to ask for an inspection and the landlord may not insist on an inspection if the tenant refuses. If the tenant asks for it, however, the landlord must provide it, make an appointment to do so within the legal time period, and give the correct written notice.
This is the way the California pre-move out inspection law is implemented: landlord provides and conducts, tenant requests and volunteers to attend.
Key Takeaways
- In California, the landlord is legally responsible for offering and conducting the rental property walk-through inspection before a tenant moves out. The tenant may be in attendance but need not be.
- Pre-move-out inspections are governed by California Civil Code §1950.5(f) and all landlord entry to a rental property is governed by Civil Code §1954.
- The inspection should not take place sooner than 2 weeks prior to the end of the lease or the tenant’s departure and the landlord must notify the tenant at least 48 hours in advance of the date and time of the inspection.
- Starting April 1, 2025, Assembly Bill 2801 mandates that landlords take photographs or video of the unit after a tenant has moved out and before any repairs or cleaning are performed. Photos of the home also are required for leases commencing on July 1, 2025.
- If the landlord does an inspection before the tenant leaves, then he/she can’t later claim for damage that was observed during that inspection and not on the list of items that need repair, except in narrow circumstances.
- Security deposits shall be returned with a statement of any deductions, within 21 calendar days of the tenant’s departure.
- Most residential tenancies are subject to a security deposit limit of one month’s rent under AB 12 (effective July 1, 2024).
The Legal Framework: California Civil Code §1950.5 and §1954
There are two parts of the California Civil Code that deal with the walk-through of rental property.
Civil Code §1950.5 provides all residential California tenants with the right to request a pre-move-out inspection. Once the landlord has determined that there is any damage, the tenant is then given a chance to fix the damage if it is valid prior to returning the unit to the landlord.
Civil Code §1954 applies to all landlord entry into a rental property, including routine inspections, repairs and showings, and only those specific categories are allowed. If a manager attempts to enter for a purpose not enumerated in §1954, he is probably in breach of the tenant’s rights. The property owner or manager may not come into a dwelling for any reason at all.
These two statutes together provide the full framework. §1954 applies to the end of the tenancy, when you are being inspected and your security deposit is being handled. §1950.5 applies to the beginning of the tenancy, when you’re being inspected and your security deposit is being handled.
When the Walk-Through Inspection Must Take Place
If a tenant requests a pre-move out inspection, the inspection must be completed within the last two weeks of the tenancy as per California law. The inspection cannot be earlier than two weeks before the tenant plans to vacate the unit.
The inspection must be provided at least two weeks prior to the end of the lease or to the tenant’s departure. The landlord is required to provide the tenant in writing with the following information:
(1) the tenant has the right to request the inspection; and
(2) the tenant may attend during the inspection if the tenant chooses.
The landlord and tenant shall make good faith efforts to make an inspection date and time mutually agreeable and the landlord shall give the tenant at least 48 hours’ written notice of the agreed inspection date and time.
The 48 hour notice requirement for the pre-move out inspection is separate from the general 24 hour landlord entry notice requirement under §1954. The pre-move-out walkthrough requires 48 hours’ notice.
The Landlord’s Duty – A Step-by-Step Guide
Under California law, the landlord has a specific order of duties. Any step that is missed results in legal exposure in a security deposit dispute.
Step 1: Notify the Tenant of Their Right to an Inspection
Under California law, landlords must provide tenants with a walk-through inspection before their move-out. The law is meant to give tenants an opportunity to correct issues before they vacate their home, possibly preventing security deposit deductions. Not all tenants will avail themselves of this, but the landlord must provide it.
The notification shall be in writing. It shall notify the tenant that he or she is entitled to request an inspection and that he/she may attend if desired. This notification requirement comes into play after either party has notified in writing of the termination of the tenancy.
Step 2: Schedule the Inspection With 48 Hours Notice
Upon the tenant’s request, the two parties shall arrange a mutually convenient date and time within the two-week period prior to move-out for the inspection. Then, the landlord is required to give 48 hours written notice to confirm the scheduled date and time.
Step 3: Conduct the Inspection and Provide an Itemised Statement
California Civil Code §1950.5(f) explicitly provides tenants with the right to request a walkthrough of their unit about two weeks prior to their departure, and places obligations on the landlord that are not known to most self managing owners.
The tenant should be able to see from the itemised statement what the need is. If there is a general statement that “cleaning is required” but it does not state what areas it is required for, then it is not acceptable.
Step 4: Give the Tenant time to make repairs
Once the landlord has noted alleged damage, the tenant is then given a chance to rectify the valid claims or to fully document the alleged damage before returning the unit to the landlord. Once the landlord has noted any alleged damage, the tenant is then given a chance to rectify the valid claims, or to fully document the alleged damage before returning the unit to the landlord.
This is the main reason for the pre-move out inspection: to provide the tenant with a useful chance to make the necessary repairs themselves, instead of the landlord having to deduct the repair expenses from their deposit at potentially higher costs.
Step 5: Document the Unit After Move-Out (AB 2801 Requirement)
AB 2801 mandates that repairs must be documented by photo and video before the repairs are done, and, for new leases to take effect on July 1, 2025, before move-in. Security deposits must be returned within 21 days of move out.
The landlord shall take photographs of the unit within a reasonable time after the return of the possession of the unit to the landlord but before any repairs or cleanings are made by the landlord for which the landlord proposes to make a deduction from or claim on the security deposit under this section and shall also take photographs of the unit within a reasonable time after any repairs or cleanings by the landlord that the landlord proposes to make a deduction from or claim on the security deposit under this section.
Step 6: Return Security Deposit within 21 days
If the landlord has deducted anything from the deposit, the landlord must give an itemised statement, which includes: the issue(s) being addressed; the cost of the repair or cleaning; and any before and after photographs.
What the Tenant is expected to do
The tenant’s responsibilities are also less but equally significant to safeguard his/her interests.
Request the inspection. It is up to the tenant to request the inspection. The tenant refusing to make an inspection waives the right to discuss the problem before the landlord makes the deduction from the deposit.
Attend if possible. Attendance is not compulsory but highly recommended. If the tenant disagrees with an item noted, that should also be noted and a contemporaneous record kept of what was discussed. It provides a written record of what was discussed and will prevent the tenant from later claiming he didn’t know there was damage.
Address the deficiencies. Once tenant receives the itemised statement, the tenant should make repairs or clean the identified items prior to the move-out date. The cost of hiring a repairer is usually cheaper than the landlord doing the repair and taking the money out of the deposit.
Record their own evidence. At move out time, tenants should take pictures of the unit from their point of view, not the landlord’s. This is a contemporaneous record which can be used in future small claims court proceedings.
AB 2801: The 2025 Documentation Requirements That Changed Everything
AB 2801, which went into effect April 1, 2025, and will gradually be enforced, imposes a heavy burden on California landlords with respect to the amount of documentation they must provide. This translates to one bite at the apple: If it’s not checked during the inspection, it’s probably not going to be an option for charging later.
The limited exceptions to this are any damage from the time of the inspection until move-out and any damage that was hidden by furniture or tenant items from the walkthrough.
The Three-Stage Photo Documentation Framework
AB 2801 establishes a three-stage documentation process. The landlord should take pictures or a video of the property after the tenant has vacated and before repairs are made. Any deductions must be supported by the documentation. Starting July 1, 2025, landlords are required to also take pictures before the tenant moves in for new leases.
The three stages are:
- Move-in photos (needed for leases starting July 1, 2025 and later) – taken before the tenant moves in
- Pre-repair move out photos: photographs taken after the tenant has moved out and before any cleaning or repairs are made.
- Photographs taken after any cleaning or repairs for which a deduction is claimed (post-repair photographs)
These laws, along with AB 12, place more accountability on the landlord and increase the opportunities for conflict if the landlord fails to meet their obligations. Restricted deposits to one month’s rent with few exemptions in AB 12. AB 2801 includes new regulations relating to inspections, cleaning and documentation.
What Can and Cannot Be Deducted From the Security Deposit
A major area of disagreement in California rental property conflicts is between what is considered deductible and what is considered normal wear and tear. California law makes this distinction clear, and the pre-move-out inspection process is intended, in part, to make the line more obvious in advance of the tenant’s move out.
These are legitimate deduction items:
- Damage that is not a result of normal wear and tear by the tenant, guests or pets of the tenant.
- Cleaning to get the unit back to the condition it was in when it was moved in, not due to normal wear and tear
- Unpaid rent
- Rental charges for the replacement or restoration of items changed or taken out of the leased property without permission, as defined in the lease.
Normal wear and tear (not deductible) includes:
- Minor scuff marks on walls, due to normal use
- Deteriorated paint due to sunlight exposure.Sun faded paint.
- Slightly worn carpet due to foot traffic.Foot traffic has caused some light wear on carpet.
- Hanging pictures: Small nail holes in reasonable numbers.
Cleaning deductions are only allowed if the unit needs to be cleaned back to its condition at move-in, minus normal wear and tear. Typical wear is faded paint, light scuffing and minor carpet wear. The landlord may not charge for refreshing beyond reasonable use.
One of the most controversial issues between landlords and tenants at the end of a lease is wall condition. A tenant who knows the difference between normal wear and tenant-caused damage is better prepared in any deposit dispute, as they will know which changes they can make to the walls, and which they are not permitted to make. The guide for hanging artwork on plaster walls is for homeowners and tenants who are doing work on their walls, and provides instructions on the proper ways to hang artwork on plaster walls so as not to create the type of damage that would be considered a legitimate deduction claim.
What Landlords Can’t Do
Many property owners are not aware of the extent to which California law restricts landlord entry and inspection activity. These restrictions are for routine inspections during the tenancy, as well as for the final walkthrough.
The tenant has the right of possession although the landlord owns the deed. A landlord cannot just come in to inspect whether the tenant is keeping the premises clean or whether they have decorated the premises. Each submission must be one of the categories specified in the civil code.
Courts have determined that landlords have no general right to inventory tenants’ belongings or to search tenants’ mail, documents or electronics. In practice, photograph any visible damage, identify odours or pests, test smoke alarms, run faucets, inspect for mould or water stains and record any unauthorised changes.
One of the most common questions that tenants ask is whether or not a landlord is allowed to take photos during the inspection. Generally, an owner can take photos of the property’s condition. This is particularly the case if they have to document the damage for repairs or in relation to a security deposit dispute. But they shouldn’t be taking pictures of their personal possessions, children, or private pictures. The pictures should be centered on the property.
Entry Without Proper Notice
The landlord must give the tenant 24 hours notice before the landlord visits the property for routine entry, as mandated by California law. The landlord is required to conduct the pre-move-out inspection during regular business hours, but the tenant and landlord may agree to a different time.
Harassment occurs when excessive inspections are made
If a landlord visits the premises regularly and prevents the tenant from enjoying the premises in peace, it could be considered constructive eviction. If a landlord is always there and the tenant is not able to use the property for its intended use, the law may consider this a violation of the contract. This is often done by frequent, unannounced or intrusive entries.
Move-In Walk-Through: Best Practices for Both Parties
California law mandates walk-through inspections before moving out, but best practice is to do a walk-through inspection upon move-in.
From the moment that the tenant moves in, you need to keep a property inventory of the condition of each room and the property’s amenities. An itemised list can be made that describes the property’s initial condition and then the property’s condition at the end of the lease.
The move-in inspection is documented and provides a basis for comparison with the move-out condition. If there is no move in record, it is hard to determine if damage occurred prior to the tenancy and often the decision goes against the party without a record.
As of July 1, 2025, AB 2801 mandates that landlords take photos of the property when it is first leased, thus establishing this as a legal requirement, not merely good practice.
Move-in inspection checklist – key areas:
| Area | What to Document |
| Walls and ceilings | Scuffs, stains, holes, water damage, paint condition |
| Floors | Scratches, stains, carpet wear, tile chips |
| Doors and windows | Operation, condition of frames, locks, seals |
| Kitchen | Appliance condition, cabinet surfaces, sink and fixtures |
| Bathrooms | Grout condition, fixtures, ventilation, water pressure |
| Exterior (if applicable) | Entry door, garage, any shared spaces |
Photographs taken at move-in of each area on a dated device are the strongest baseline. If the painted metal entry door is in poor condition when the tenant moves in, then this is important to understand a chipped or peeling metal door at move-in should be clearly documented. The guide on how to paint a metal door with a latex paint is helpful for anyone who wants to know what a well-kept painted metal door surface should look like, as opposed to damage caused by tenants.
The Consequences of Non-Compliance
The ramifications of the California walk-through inspection and security deposit law are different for the landlord and tenant.
For Landlords Who Fail to Comply
This is important: If a landlord does an initial inspection of the property, but does not itemize all deductible damages at the initial inspection in writing, then the landlord is giving up the right to deduct for those damages later.
If a landlord does not comply with the requirements of security deposit, the landlord shall be jointly and severally liable for repayment of the security deposit or the amount the tenant is entitled to. This means that the landlord will still be liable in a security deposit case if the tenant is forced to file a case.
In the case of bad faith retention, the tenant may receive all of the deposit plus statutory damages of up to twice the amount of the deposit, plus attorney’s fees from California courts.
For Tenants Who Skip the Inspection
A tenant who refuses the pre-move out inspection will not have the chance to fix the problems prior to moving out. The landlord who provides the inspection and is denied will have a better legal case to make security deposit deductions, as they provided the tenant with the legal right to avoid them. The tenant who did not attend has less ground to dispute the deductions subsequently.
Comparison: Landlord vs. Tenant Responsibilities
| Responsibility | Landlord | Tenant |
| Notify tenant of right to inspection | Yes — required in writing | No |
| Offer the inspection | Yes — required | No |
| Request the inspection | No | Yes — optional but advisable |
| Give 48-hour notice of scheduled date | Yes | No |
| Attend the inspection | Yes | Optional |
| Conduct the walkthrough | Yes | No |
| Provide itemised deficiency statement | Yes — during inspection | No |
| Address deficiencies before move-out | No | Yes — if they want to avoid deductions |
| Take post-move-out photos (pre-repair) | Yes — required under AB 2801 | Optional but advisable |
| Return deposit within 21 days | Yes — required | No |
Conclusion
The landlord must provide and perform the walk-through inspection of the rental property in California. The law is unambiguous: Civil Code §1950.5 gives the tenant the right to be inspected, and mandates that the landlord inspect on the last 2 weeks of the lease, provide 48 hours written notice, inspect if requested by tenant and issue an itemised written statement of any deficiencies on the day of inspection. The tenant is responsible to request the inspection, attend, and discuss the issues identified prior to moving out.
The changes AB 2801 will create in 2025 have made documentation more critical than ever. A landlord who adheres to the entire process – written notice, inspection, itemised statement, move-out photography prior to repairs, and timely return of the deposit – is well covered in any small claim scenario. Whether those deductions are valid or not, a landlord who fails to take steps, make deadlines, or document is legally liable.
The walk-through inspection is no formality for either landlords or tenants. It’s when the property is actually inspected in relation to the standard set by the law and when the outcome of the inspection will determine the resolution of the security deposit. It is right to get it right, as this protects both.
To learn more about how to maintain your property, make repairs, or understand tenant and landlord issues, check out the extensive library at Shani Levni.
Frequently Asked Questions
In California, who is responsible for the walk-through inspection?
The landlord is responsible for offering and conducting the walk-through inspection in California. The landlord is required to provide the tenant, in writing, with notice of the landlord’s right to request an inspection, provide written notice of the inspection if the tenant requests it, and provide at least 48 hours notice of the inspection, and provide an itemised statement of deficiencies during the walkthrough, under Civil Code §1950.5. The tenant has the right to request the inspection and to be present, but is not required to do either.
Does a California landlord have to offer a pre-move-out inspection?
Yes. Under California law, landlords must give tenants written notice to allow them to have their unit inspected before moving out after they have given the landlord written notice to terminate. When tenant requests an inspection, landlord shall provide within the 2 week period prior to the move-out date. The landlord is not required to perform a one unless the tenant asks for it.
How much notice must a landlord give before a walk-through inspection in California?
For the pre-move-out inspection, the landlord must give at least 48 hours written notice of the scheduled date and time. For routine entry and inspections during the tenancy, California Civil Code §1954 requires at least 24 hours written notice, and entry must occur during normal business hours unless the tenant agrees otherwise.
What if a California landlord fails to comply with the walk through inspection rules?
Under AB 2801, a landlord who does the pre-move-out inspection but does not list all deductible damage in the written itemised statement is not allowed to deduct for it later. Under Civil Code §1950.5, a landlord who wrongfully withholds a security deposit may be liable for the deposit amount, a maximum of twice the amount of the deposit, and attorney’s fees.
What does the new AB 2801 photo requirement mean for California landlords?
AB 2801 will go into effect on April 1, 2025, and will mandate that landlords in the Golden State take photos or video of the unit following the tenant’s departure and prior to any cleaning or repairs. Starting July 1, 2025, landlords are required to also take photos of their property before the tenant moves in for leases after that date. Before and after photos must be included with the itemised statement if deductions are being made.
Are cleaning fees allowed to be taken out of a security deposit in California?
Yes, but only to restore the unit to the state it was in at the beginning of the tenancy, taking into account normal wear and tear. The landlord can’t charge for normal maintenance and tidying up between tenants. AB 2801 mandates that there be a photographic record to substantiate any cleaning deductions.
What is the time frame for a California landlord to return the security deposit?
The security deposit must be returned to the tenant, or an itemized statement of deductions and the remaining balance, within 21 calendar days of the tenant’s departure from the property. If the deadline is not met, the landlord’s case will be weaker when it comes to a dispute.