I would not pay - I think they are liable as per the contract. Yes, the roof leaked. However, who's to say it leaked into their unit. Who's to say what condition the property was in when they put it into your unit.
I would not pay - this is a scam. I would let them take me to court.
Attorney
19 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
Should I represent myself to save the legal fees or can i ask her to pay legal fees? Do i counter sue and why is she "liable" not just we have no responsibility?
Yes, I would represent yourself in the matter. No, legal fees are not recoverable in this situation unless your contract states otherwise.
Why is she liable? It's as per the contract. That she is liable for the stored items and is responsible to maintain insurance thereon - which would cover this situation. That she is inept, not responsible, and didn't have insurance as per the lease agreement is not your responsbility but hers.
No, you can't countersue in this situation. However, I would inform the attorney that if he or she would file suit - that once it's dismissed you will file a malicious prosecution action against them.
A malicious prosecution action is for times when someone brings a frivolous lawsuit against another.
To win a suit for malicious prosecution, the plaintiff must prove four elements:
(1) that the original case was terminated in favor of the plaintiff,
(2) that the defendant played an active role in the original case,
(3) that the defendant did not have probable cause or reasonable grounds to support the original case, and
(4) that the defendant initiated or continued the initial case with an improper purpose.