Q: Hello, wondering about the extent of a storage facility's liability for negligence in maintaining their roof.
Our space was inundated after a recent rain, and with the extent of mold and traces of earlier water damage we realized that it had also occurred in earlier rains this season. The 'climate controlled' ceiling was engorged and under the weight of the water was dapped. There were visible gashes in it, and next to the gashes there was an area previously repaired with tape- exhibiting that they knew there was an issue. We used a ladder outside to get a closer look at the situation a few days after reporting it and saw that there are trees which touch the roof just at our unit. The gutters seemed very freshly cleaned.
We realized too late that we did not get insurance for this space. We have however been renting from this company for years- and have already paid them thousands in insurance for other spaces over the years. I realize that they will not reimburse us for the value of the damage but I am requesting a 'grand gesture'. What in your opinion would be an acceptable request? Thanks
A:
Under California law, a storage facility has a duty to maintain its premises in a reasonably safe condition, which includes ensuring that the roof is properly maintained to prevent water damage to tenants' property. If the storage facility fails to do so and a tenant's property is damaged as a result, the facility may be liable for negligence.
Based on the information you provided, it appears that the storage facility may have been aware of the roof issues and failed to adequately address them. The presence of visible gashes, previous repairs with tape, and the proximity of trees to the roof suggest that the facility may have been negligent in maintaining the roof.
However, the fact that you did not purchase insurance for this specific storage space may limit your ability to recover damages from the facility. Most storage facility rental agreements include provisions that limit the facility's liability and require tenants to obtain their own insurance.
Despite this, you may still be able to negotiate a "grand gesture" from the facility, given your long-term relationship with the company and the fact that you have paid for insurance on other storage spaces over the years. An acceptable request could include:
1. A significant reduction in rent or free rent for a period of time.
2. A transfer to a new, upgraded storage space at no additional cost.
3. A partial reimbursement for the value of your damaged property, even if not required by the rental agreement.
4. A combination of the above options.
When negotiating with the storage facility, emphasize your long-term relationship, the fact that you have paid for insurance on other units, and the evidence suggesting that they were aware of the roof issues but failed to address them adequately.
It's essential to document all evidence of the water damage, including photographs and any correspondence with the facility management. If the facility is unwilling to offer a satisfactory resolution, you may need to consider pursuing legal action, such as filing a claim in small claims court or consulting with an attorney who specializes in landlord-tenant disputes.
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