Can I request my lost wages from my landlord due to them locking me out of my apartment so I had to call in sick to work because my uniform was inside of the house?

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Can I request my lost wages from my landlord due to them locking me out of my apartment so I had to call in sick to work because my uniform was inside of the house?

Asked on January 17, 2013 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can always *request* payment like that, but it's very unlikely that your landlord would have to pay, even if the landlord was in the wrong in locking you out (that is, even if it was an illegal or wrongful  eviction; if you were properly locked out, following an eviction proceeding, the landlord likely did nothing wrong). That is because when someone wrongs you, they are potentially liable for reasonably foreseeable--or reasonably predictable in advance, for the average person--damages or losses. Since the vast majority of people could still go to work if evicted or locked out--it is unusual to be in a situation where  1) you need a uniform, 2) the uniform is locked in your apartment, and 3) there is no back-up uniform available--it would not be reasonably foreseeable that locking you out would prevent you from working. If it's not reasonably foreseeable, then you cannot recover it.


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