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landlord kept entire security deposit for "mold remediation" — fight or move on?

Started by renee_long_beach · Apr 23, 2026 · 412 views · 5 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
RL
renee_long_beach OP

moved out of a 2br apartment in long beach march 31. lease was up. did a walkthrough with property mgmt person, she said the place looked fine, took photos. fast forward 24 days and i get an itemized statement saying they kept all $3,200 of my deposit for "mold remediation in the bathroom and HVAC cleaning."

here's the thing — i never reported any mold. there was no visible mold during the walkthrough. i lived there 3 years and the bathroom fan worked fine. they sent me one blurry photo of what looks like soap scum on tile grout and a bill from some company i've never heard of for $4,100 (so they're saying i "owe" another 900 on top of losing my deposit).

am i crazy or is this a scam? the math also feels off — CA only allows them 21 days to itemize and the letter is dated apr 21 which is exactly 21 days but postmarked apr 23. does that matter?

JB
JL_the_landlord

landlord here, this looks bad on their side. couple things:

1. the 21-day clock under CA Civ Code 1950.5 runs from when they DELIVER it, not when they date it. postmarked apr 23 is past the deadline if you moved out mar 31. that alone gives you a strong claim.

2. they have to provide actual receipts/invoices for any deduction over $125. not "a bill from some company" — a real itemized invoice.

3. if you didn't report mold and they didn't note it on the walkthrough, the burden is on them to show pre-existing damage isn't theirs.

send a demand letter citing 1950.5(g) and the bad-faith provision (1950.5(l)) which lets you go after up to 2x the deposit as damages. small claims is your friend here.

MS
mary_sd_tenant

had almost the exact same thing happen in 2024. property manager kept claiming mold "behind the walls" and i had no way to verify because i'd already moved out. ended up filing in small claims and the LL didn't even show up to court — got a default judgment for the deposit plus the bad faith damages. took maybe 3 hours of my time total.

the trick is to write a clean, calm demand letter first. they almost never expect tenants to actually follow through.

ST
SergeiTokmakov Counsel

I'm Sergei Tokmakov, California attorney (Bar #279869). A few practical points on your facts:

You're right that California Civil Code 1950.5(g) requires the landlord to either return the deposit or provide a written itemized statement within 21 calendar days after the tenant has vacated. The statement must be accompanied by copies of documents (receipts/invoices) for any deduction. If a deduction is for work the landlord performed in-house, they can document it via good-faith estimates plus actual costs once known. If the work cost more than $125, they must include the documentation.

Postmark date matters. Courts treat the obligation as one of delivery within 21 days; mailing on day 23 generally fails the rule, and many small-claims judges I've seen just rule for the tenant on that alone. Beyond that, "mold remediation" is a deduction that triggers serious scrutiny — landlords cannot charge tenants for repairs that fall under their habitability obligations under Cal. Civ. Code 1941.1.

Practical sequence: (1) write a demand letter citing 1950.5(g) and (l), give 14 days, send certified mail; (2) if no resolution, file in small claims (no attorney needed under $12,500 limit). If you want a one-page demand letter on attorney letterhead, I do that for $575 flat fee. Either way, you can model your potential recovery using the security deposit calculator at /Calcs/security-deposit-calculator/.

Informational, not legal advice for your specific case.

RL
renee_long_beach OP

thanks all. drafting the demand letter tonight. will report back. i didn't even know about the bad faith doubling — that changes the math significantly