Tenant gaslighting re: mold & return of damage deposit

[Kim Messey]

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

[Christen G.]

I don't see where they are "gaslighting" you...and I am not a lawyer but: this seems pretty cut and dry and you're in good shape. But to be clear: You kept their entire deposit and that was for other expenses related to their tenancy? Or was it for that mold mitigation? Same question as above - when the mold was being mitigated to the tune of $5k, what conversations were had? Sidenote: 35sqft is fairly significant for a rental bathroom - why didn't they call you when it was at say... 3 sqft?