Legal Question in Landlord & Tenant Law in California

Re: Damage and loss of possessions

It will probably depend upon what the terms of your written lease provide. If they shift the risk of damage in this situation to you, then you may be responsible. If silent, then your landlord is probably responsible. Many leases attempt to disclaim liability on the part of the landlord for this sort of thing; and most leases suggest to the tenant that he/she obtain renter's insurance.

Regardless, you should make a demand on the landlord for the amount of money that it will cost to replace the items. If your landlord is smart, he will argue that he should be responsible (if at all) to pay you whatever the fair market value of your property was (which is likely to be significantly lower than replacement cost). If you cannot reach agreement with the landlord, and if the damage is less than $7500, then sue the landlord in small claims court. It's easy, fast, inexpensive, and probably worth it.

The mold is another story. Make sure you make demand upon your landlord to remediate the mold. If the landlord is unable and/or unwilling to do so, call Fair Housing or the Health Dept. in your town; they will likely be glad to get involved. Worst case, you tell the landlord that you are moving because the unit is uninhabitable. Whatever you do, take lots of pictures to document the conditions of the property.

Good luck. (And by the way, renter's insurance costs practically nothing. You should almost undoubtedly obtain a policy.)

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