All Forum Posts by: Kim Messey

Thanks @Theresa Harris.  You make it sound so simple.  I'll do that one more time and hope for the best!

Hi @Christen G., thanks SO much for your feedback.  I really appreciate the objectivity.  You're right, I didn't elaborate on the gaslighting part (I was trying to be brief).  The behavior that he is displaying that makes me second guess my sanity is that I have told him I'm not returning his deposit and have provided required documentation per civil code three separate times.  But he keeps asking me for his deposit back and telling me I'm breaking civil code by holding his deposit.  I have read the damn code 11 times, and while some of it is hard to follow, I don't understand how he thinks he has grounds to take me to court.

Yes I kept the entire $1,600 deposit when the mold mitigation effort cost around $5,500.  In my eyes, I've been more than generous for not going after him for more money.  And see my above reply from a few minutes ago regarding why I didn't tell him at the time this was all going on.  Even though it may have been more courteous to talk about it then, I am not required to. 

And you're right about the why didn't he tell me sooner question.  It took 23 months for mold to spread over 35 sf.  Why didn't he tell me in month 6 or month 10, or when it covered 3 sf or 10 sf???  I DON'T GET IT.  I have tried to rationalize this timeframe with him and he keeps going back to the "traces of mold" comment from our walkthrough day.  But the fact of the matter is, even if I did remember that comment from that day (which I don't), he still let mold grow without telling me.

Thanks again!!

Hey @Dan Heuschele, thanks for the excellent feedback!!  To answer your question, yes, the mold is the only thing the deposit was used on (e.g., demolition of old drywall/etc, remediation, materials for new drywall/paint, labor, post construction environmental test, etc).

It's a fair question about the amount of time that elapsed.  I did not bring up the fact that I was planning to use the damage deposit for the remediation/repairs for two reasons: [A] I thought it was so abundantly clear that it was his fault, that I didn't need to say it out loud (yes, I regret this in hindsight), and [B] I was concerned about retaliation.  If he disputed that the mold wasn't his fault, there are a number of ways he could have retaliated (stopped paying rent, stopped taking care of my condo, etc.  Furthermore, no where have I read that I was required to tell him at that time.  Would it have been more forthcoming of me?  Sure, but as far as I know I wasn't breaking any laws by not telling him.

Yes I am certain he was not expecting me to keep the deposit.  He is hurt.  I tried calling him to have an off the record heart to heart conversation, but he wants to stick to emails.

Yes the deposit is only $1,600 but my expenses were around $5,500.  As far as I'm concerned, the judge in the case could potentially make him pay the entire $5,500.

Thanks again.

Kim

Hi there - My problem seems pretty straightforward, but my tenant keeps asking for his damage deposit back so I want to be prepared in case he takes me to small claims court.  The short version of the story:

• January 2017 - I have photos of bathroom showing a clean, freshly painted, mold-free ceiling.  Tenant alleges he pointed out "traces of mold" during walkthrough but we have no documentation of that conversation.  Tenant signs lease.
• January 2019 - I email tenant asking "how are things going?"  He reports mold in the bathroom.  I visit the property days later to find black mold covering 35 sf of drywall.  I schedule a mold expert immediately, who deems the drywall beyond repair.  I have the bathroom properly remediated while my tenant is on a business trip, costing me more than $5,000.
• September/October 2020 - Tenant provides notice and moves out.  After several emails back and forth regarding the damage deposit (where I provide before/during/after photos, receipts, itemized expenses, etc), I send a letter via FedEx with the same information.  I have proof FedEx letter was received within the required timeframe.  I consider the issue closed.
• October 2020 - Tenant sends yet another request asking for his $1,600 damage deposit back, as well as an itemized statement (which I have already provided), and threatens small claims action.

What am I missing?  The language in the Damage Deposit section of our lease allows me to charge for damages.  The language in California Civil Code 1950.5 allows me to charge for damages as long as I provide an itemized statement and receipts within 21 days (done).  And according to a white paper from the San Diego County Apartment Association, examples of damage for which landlords may charge includes "allowing mold to grow in the unit."  I feel like this is black and white and that I'm being gaslighted.

Thanks so much.

Kim