It is illegal in almost every state for a landlord to retaliate against a tenant for asserting their legal rights.
This is known as a retaliatory action.
Under most landlord retaliation statutes, a landlord can't evict, harass, or raise the rent of a tenant for
doing something legal. A landlord may not like the renter's actions, but they cannot seek revenge.
A common retaliation tactic is trying to evict a renter after they complain to a government agency. This
is called "retaliatory eviction." A landlord might also try a rent increase to push out a renter after they
request legally required repairs. This sometimes is called "retaliatory rent."
What is Illegal Landlord Retaliation?
If a landlord-tenant dispute goes south and a tenant decides to inform the authorities, the tenant is
protected against the landlord from certain retaliatory activity.
The kinds of retaliatory acts covered by most state statutes include:
Increasing the rent
Claiming there was a non-payment of rent
Claiming there was no security deposit
Ending a month-to-month tenancy or refusing to renew a lease
Starting an eviction lawsuit if a tenant decides to stay and fight in court
Petty inconveniences like draining a pool, removing laundry facilities, canceling cable access
A tenant must prove that these actions were done in retaliation, of course. That is where state
laws against landlord retaliation come into play.
State Landlord Retaliation Laws
Tenants are protected against vengeful landlords by state landlord retaliation laws. If a landlord tries to
evict a tenant for informing government agencies of code violations, it is likely against the law. They also
cannot be punished for requesting that the landlord make repairs and maintain the rental property in a
"fit and habitable" condition.
It is illegal in almost every state for a landlord to retaliate against you for acting within your legal rights
when you:
Complain about unsafe or illegal living conditions to a governmental entity (building inspector, fire
official, etc.)
Deduct money from the rent and use it to fix defects in the rental unit
Withhold the rent entirely for an uninhabitable unit
Join or organize a tenant union
Remember that state laws will protect you only for activities in your state's landlord retaliation statute.
Not all states protect tenants from all types of retaliation.
The Process for Suing a Retaliatory Landlord
Landlords who try to go after tenants' rights can be stopped and sued. That said, the tenant's path to
enforcing their rights may be a time and money consuming endeavor. You may be stuck in the same
building and have to pay rent during the whole case. This depends on the circumstances of your case.
The process usually looks like this:
The tenant's complaint is filed with the landlord
The residential landlord does something to the tenant
The tenant selects an attorney
The attorney files a lawsuit in small claims court
Both sides collect evidence and witnesses
The case is presented to a judge
One side wins damages (money), or possibly the landlord or tenant is removed from the property
How Difficult is it to Prove Landlord Retaliation?
If you do end up in court, the good news for tenants is that the law may presume the landlord's bad
conduct was retaliatory. Many states give tenants an edge when it comes to exposing prohibited
treatment or evictions.
More than 20 states have laws presuming landlord retaliation if:
A renter does something within their legal rights
The lease is ended (or services decreased)
The lease is terminated within a certain amount of time after a tenant exercises a legal right
The amount of time varies by state and ranges from three months to a year, but typically it is a six-
month window. In these states, the landlord has the "burden of proof." This means it is the landlord that
needs to prove there was another valid, non-retaliatory motive for their actions.
Get Legal Help with Your Landlord Retaliation Claim
While it's illegal for a landlord to retaliate against you for reporting unsafe conditions or other defects,
enforcing these rights is a whole different story.
Such lawsuits are costly and time-consuming, but your chances of success increase when you have the
right legal representation.
If you believe that your landlord's conduct was retaliatory, it's a good idea to discuss your particular
situation with a skilled landlord-tenant lawyer who can explain how the laws apply to your case and
advocate on your behalf.
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