All about CCC § 1950.5(g) compliance
CCC § 1950.5(g) compliance has huge upside: while it can’t prevent a loss, it’s designed to help contain it.
CCC § 1950.5(g) requires landlords to supply specific evidence to tenants, including photographs and an itemized deduction statement, to validate security-deposit deductions within a 21-day window:
Landlords must photograph the property before or at the start of the tenancy.
Landlords must photograph again after vacating + prior to any repair/cleaning work.
Landlords must photograph the final outcome after repairs/cleaning are completed.
The law matters because the consequences of non-compliance are severe, resulting in some painful financial math:
Property owners lose the right to keep any part of the security deposit, meaning they’ll have to return it all first, even if actual damage existed, then try to collect it from the tenant later. Um…good luck with that.
Should the tenant take the property owner to Small Claims Court and prove the money was withheld in "bad faith," the judge can order landlords to pay tenants the original deposit plus up to twice the amount of the deposit in punitive damages.
Given the exceptional design and finishing standards of high-value homes, any damages incurred can easily meet or exceed the one-month [1950.5 (c) (1)] or two-months’ [1950.5 (c) (5) (a)] security deposit standards, damages owners can’t recoup without extensive documentation.
Good documentation is now a complex, but necessary, part of doing business.
The law puts the burden on landlords to provide it, yet the law includes no standards or guidelines to help them understand how best to comply. It just states “photographs.”
You suspect know this task is a lot bigger than the iPhone in your pocket.
You or your leasing agent know lots of real estate photographers that specialize in how to hype up your property. They don’t specialize in capturing the details that would hold up to challenge or scrutiny, and they certainly don’t specialize in the kind of data security required to ensure you can’t be accused of altering evidence, or worse.
We wouldn’t call this forensic photography, but we’d definitely call it evidentiary photography, and we think the distinction matters a whole lot. Especially when we’re talking about investments that take a lifetime to build, but mere moments to jeopardize.
You’ve got options:
We deliver a complete record of your property that could one day be evidence, well before you need it, potentially preventing big-ticket losses.
You can do it yourself!
Download our handy guide to learn more about how to capture photographs that stand up to scrutiny.
“It’s so much work! I didn’t realize how much! I feel so much better now that I know it’s done and I don’t have to think about it again.”
-- Patricia, Client