flooded rented garage

Hi,

I'm looking for some advice. I rented a garage starting 8/2007 to store some office equipment, tools, and antique furniture. The garage was new construction and seemed nice and safe.

We had our first big rain in San Diego, CA in 12/2007. The garage leaked significantly and there was 1" standing water - and not too much damage to my property at this point. It wasn't that big of deal. The landlord said he'd fix the problem immediately and had workers do something.

We had more rain than usual for the next 2 months and the garage continued to leak. I'd visit the garage every 2-3 weeks to find more standing water after I had been told it was fixed. Each time the landlord said he would fix it. Unfortunately the closed conditions and standing water started to cause significant damage to everything inside - mold, rust, water damage on wood - it's pretty horrible. Mold is all over the inside of the new garage walls too.

Finally, he says I have to move out so he can complete repairs (a new roof). I 've moved out, am in another garage, and going through the damage. I've itemized the damage and it's about $6800. I've asked the property management company and landlord to pay, and they refuse saying I should have renters insurance.

Do I have a decent claim if I take them to small claims court?

Thanks,
Flooded in San Diego

Sorry, but this is what renter's insurance is for. You knew after the first rain that the garage leaked. It is not unusual to have to attempt to fix a roof more than once. It doesn't always leak directly above where you see the water. Water follows the path of least resistance. The actual leak could have been 10-15 feet from where the water entered. As such, it is sometimes difficult to find and stop a roof leak. Your LL took reasonable steps to find the leak, calling repair workers each time you reported the problem. Finally, he had to take the drastic step of having an entire roof put on the new structure because the source of the leak couldn't be pinned down. Since your LL took diligent steps towards fixing the problem each time it was reported, he did all he could do. You however, allowed it to leak time and time again without taking steps to ensure the safety of these items. He is not liable for your belongings. You should have had rental insurance to cover the loss.