Loss of Wages?

[mxp]

Recently, my apartment was flooded due to a busted pipe in the laundry room. It ruined some stuff (nothing major) and did damages to the property. Landlord is having all property damage fixed asap, which is wonderful. Yet my husband had to call off work to help me clean up the apartment that was flooded. He lost a full days wage and his weekly bonus.

Is there a tactful way to work out a reparation of lost wages with the landlord? For example, could they deduct his day of loss wages from the rent? The pipe that busted did not have the proper seal, according to the plumber.

[eewillison]

While your landlord may refund the lost wages of your husband, there likely isn't a legal requirement that he do so. In contract law, Ohio courts require that the damages (in this case your husband's lost wages) be foreseeable to the landlord. A court might rule that your husband having to take a day off work because of this breach would be foreseeable, but it might rule the other way that it was not.

In any case, it is a terrible idea to deduct the money from the rent without an agreement for doing so with the landlord in writing and signed by both parties. By paying less than the rent, the landlord would have a cause of action against you for eviction, and if the court did not find your defense (discussed above as 50/50 at best) to have merit, you would be out with an eviction on your record.

Better to request that the landlord send you a refund, and live with his refusal to do so. It's likely not enough money to risk an eviction proceeding over.

Whenever you do leave this place, you will want to take certain steps to assure the return of your security deposit. You can read up on that in our kit available at http://www.ohiolandlordtenant.com/secdep2.html