California law dictates how landlords in San Diego handle security deposits in residential rentals. California AB2801 limits what landlords can charge tenants for, focusing on repairs needed beyond normal wear and tear. Specifically:
- Allowable Deductions: Landlords in San Diego can only deduct costs necessary to return the unit to its original condition, excluding wear and tear. This applies to repairs done by contractors, landlords, or employees.
- Prohibited Deductions: Landlords in San Diego cannot charge for pre-existing damages, normal wear and tear, or professional cleaning services (like carpet cleaning) unless absolutely needed to restore the unit to its initial condition.
- Initial Inspection: Tenants in San Diego have the right to an initial inspection before moving out. Landlords must provide an itemized list of potential deductions.
- Landlords cannot deduct from the deposit for items not on the initial list, unless hidden by tenant belongings during the inspection.
- Landlords can still deduct from the security deposit for issues arising after the initial inspection, and before the landlord regains possession of the unit.
- Final Accounting: Landlords in San Diego must provide an itemized statement of deductions within 21 days of move-out, along with supporting documentation.
- New Photo Requirements:
- For leases starting July 1, 2025, San Diego landlords must take photos of the unit before the tenancy begins.
- Starting April 1, 2025, San Diego landlords must take photos after the tenant moves out, before and after repairs/cleaning.
- These photos, with cost explanations, must be provided with the final itemized statement.
- Failure to follow the itemized statement and photo rules in good faith, will prevent the landlord in San Diego from making claims against the security deposit.
Essentially, AB2801 aims to increase transparency and fairness in security deposit handling, with a strong emphasis on detailed documentation and limiting deductions to actual damages caused by the tenant in San Diego.
