So my security gate will not recognize my motorcycle when I exit my apartment building. I have to stop, get off of my bike, walk all the way around, enter the code, and walk back to my bike. Then I’m able to go about my day. I’m asking if I can sue for lost wages because it’s taking time out of my day. I’m losing work because I’m an independent contractor. I talked to management multiple times and they still have not done anything about it. It’s been going on for two months

  • 2
    Did your landlord promise automatic function of the security gate? If so, was it included in the lease?
    – phoog
    Dec 19 '20 at 22:55
  • I believe it does promise that also they went ahead gave me a key fob that hasn’t worked once. And yeah I get it maybe not the loss wages claim is creditable but I feel I’m being harassed as well not only by management but their maintenance crew too. What is considered harassment in a legal aspect ..??
    – Avi Toutar
    Dec 19 '20 at 23:49
  • Why not take a more practical approach. Find out more about the trigger (its location and type) and work around that. For example - I have an electric gate with a trigger on the side. The trigger detects metal, presumably by change in an electromagnetic field. I can make smaller (metal) objects like a lawnmower trigger the sensor by driving faster and/or closer to the sensor. Knowing exactly where the sensor is I believe I can just wave a metal file across it. Of-course the installers can likely also increase the sensitivity or provide a remote.
    – davidgo
    Dec 21 '20 at 22:24
  • Also, I would start asking when the next body corporate meeting is and for a list of contact details of members... Implying I might try get their proxy. It might just make your need just thorny enough to be actioned.
    – davidgo
    Dec 21 '20 at 22:26
  • If you are entitled to a key fob and don't have a working one - that is where your recourse lies. Not in tenuous claims like harassment and loss of wages. Depending on jurisdiction/definition you may have a claim related to "quiet enjoyment" - ie the full use of the property. (It would be at the edge of the definition - the legal concept encompasses a lot more then the words directly imply)
    – davidgo
    Dec 21 '20 at 22:31

I’m asking if I can sue for lost wages because it’s taking time out of my day

No, that would be a frivolous claim. You did not specify how much time and effort the walk takes you on a daily basis, but it is extremely doubtful that you could viably claim lost wages. Suing the landlord for this would put you at high risk of being ordered to pay his attorney fees, which surely will exceed that fictitious loss.

The allegation "I'm losing work because I’m an independent contractor" is untenable and makes no sense. By that token, a full-time employee typically is more constrained (for instance, in terms of schedule) than an independent contractor. It is also questionable that the time you spend walking back and forth when leaving your apartment is comparable to the time it takes you to do your job or get more clients. Depending on your location, the landlord would defeat your claim also on grounds that you could --and unjustifiably decline to-- take the bus or seek other arrangements if the issue truly were causing you provable losses.

It is also very unlikely that the continued failure to recognize your motorcycle would support a claim of breach of contract, since the terms of a lease hardly ever address that kind of minor details.

The only circumstance whereby you would have a viable claim is if you were handicapped, but your description nowhere reflects that that is the case. Even in that scenario, the nature of your claim would be other than "lost wages" and mostly would warrant injunctive relief.

  • 1
    Taking the bus seems extreme compared to, say, getting up 5 minutes earlier. Dec 19 '20 at 19:55
  • 1
    @Studoku I agree, but I'm still having a hard time conceiving that someone not [handicapped] would file suit over a daily 5-or-less minute walk. Getting up 5 minutes earlier certainly qualifies as other arrangement. Dec 19 '20 at 21:13

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