Landlord Withholding Deposit, but He May Be in the Right.i'm Not Sure

My question involves landlord-tenant law in the State of: California

Premise: My landlord knew there was a cockroach problem at an apartment I rented from him and refused to pay for pest control to maintain the premises, then implied if I didn’t have everything out by the next day, then I would be in danger of losing my security deposit totaling $2,495.

Complication: I run a small corporate housing company. In December 2012, I rented this apartment for the purpose of furnishing it and leasing it to professionals.

I was given verbal permission to do this by the manager and owner and did so until Sept. 2013.

I do have texts between myself and the owner discussing the guests I had in the apartment, but I'm not sure if that suffices for written permission.

On September 12, 2013, one of my guests called me to complain of cockroaches in the apartment.

I have a voicemail from him talking about the infestation the day I reported it.

I also have text messages from his manager being very unresponsive and then rude to me as I tried to report the cockroach problem.

I also have a receipt from a pest control company showing I paid for pest control, which I elected to do after he refused to do anything about the problem, saying he didn’t know anyone who did pest control in the area.

After the pest control, the landlord told me I must pay for carpet cleaning also to ensure that any eggs were cleaned out as well.

The landlord led me to believe that it was my responsibility to pay out of pocket for the pest control and carpet cleaning.

On September 20th, he verbally asked me to vacate the premises, threatening that I might lose my security deposit if I did not vacate immediately so that he could personally see to the eradication and ready the apartment for re-leasing.

He cited his continuing belief that I had caused the infestation, despite the fact that I had paid for pest control and carpet cleaning.

He said if I could have the stuff out by the weekend, that we would call it even.

I asked what he meant by “call it even” and he said that it meant he would not be refunding me for the nine days remaining in September for which I had already paid, but that he WOULD be sending the security deposit and the last months rent portion of my security back to me.

I didn’t have any way to prove that I or any of my guests guests had not caused the infestation.

I protested that I had not, but he refused to address these protests in conversation.

When I vacated the apartment, I left the keys and a note thanking him for his renting to me. At his request, I also left a business card for the pest control company I had used.

I have voicemails from him on the day I moved out asking what the “status” is. The status he refers to is my move out.

I also have receipts for the uhaul I had to rent, which totaled $550.

I called him that evening to let him know I had gotten my stuff out.

A few days later I called to inquire as to the status of the extermination and he told me not to worry about it.

A few days after that I called to inquire as to my deposit because I had received neither my deposit or a statement from him.

He apologized, said I’d caught him at a bad time, and began telling me about various projects he had going around the complex, citing those as reasons he hadn’t sent a statement or the deposit.

I then called a few days later and he said the problem they were having now is that he couldn’t rent it out because they kept seeing roaches.

I called the pest control company I had used before and he said that he hand’t been called out again until October 23rd, a full 31 days after my move out.

He then led me to believe that he needed me out on such short notice was so that he could get the roaches eradicated before they spread in the building and so that he could relet the apartment quickly.

I complied with all this, despite the fact that I was only given verbal warnings and promises, because I was horrified that there might even be a remote possibility that I or one of my guests had caused the infestation and that my it would cause me to lose my security deposit.

My thought is that I may have forfeited everything because technically I moved out with no written notice. All he has to do is say I moved out. The only proof to the contrary is the voicemail asking about "the status"

A judge might also rule that I broke the lease when I subleased.

My argument to that would be that I didn't receive a written warning to stop that behavior.

I'd be surprised if anybody reads that.

I didn't.