{"id":369213,"date":"2016-04-04T10:47:16","date_gmt":"2016-04-04T15:47:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/landlord-tenant-law\/how-does-the-tenant-prove-that-the-landlord-s-conduct-was-retalia.html"},"modified":"2024-06-12T20:05:20","modified_gmt":"2024-06-13T01:05:20","slug":"how-does-the-tenant-prove-that-the-landlord-s-conduct-was-retalia","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/landlord-tenant-law\/how-does-the-tenant-prove-that-the-landlord-s-conduct-was-retalia.html","title":{"rendered":"How Does the Tenant Prove that the Landlord’s Conduct Was Retaliatory?"},"content":{"rendered":"\n
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Proving a Landlord's Conduct Is Retaliatory<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

It is illegal in almost every state for a landlord to retaliate against a tenant for asserting their legal rights. Under most state statutes, a landlord engages in retaliatory conduct with eviction or harassment. A landlord may not like the renter’s actions but can’t seek revenge or retaliate.<\/p>\r\n

A common retaliation tactic is trying to evict a renter after they complain to a government agency. This is "retaliatory eviction<\/a>." A landlord might also try a rent increase to push out a renter after they have made a complaint. This sometimes is "retaliatory rent."<\/p>\r\n

Reporting Your Landlord to a Governmental Agency<\/h2>\r\n

Tenants often report housing and safety code violations to local governmental agencies, like the housing authority or health department. Landlords must ensure the tenant’s dwelling unit is habitable. It must be safe for human health and safety. Landlords who fail to do so are likely violating the implied warranty of habitability, which is the legal standard<\/a> for repairs.<\/p>\r\n

Before reporting your landlord or property management company, make a good-faith effort to bring the violations to your landlord’s attention. To protect yourself, you send the landlord written notice of the issues via certified mail with a return receipt. The return receipt is proof that you sent the notice.<\/p>\r\n

If your landlord doesn’t respond within a reasonable time, you should consider reporting the code violation to the appropriate local agency.<\/p>\r\n

What Is Landlord Retaliation?<\/h2>\r\n

Unlawful retaliation occurs when an authority figure \u2014 such as a property manager or residential landlord \u2014 punishes a subordinate<\/a> \u2014 in this case, their tenant \u2014 for making a legitimate complaint in good faith.<\/p>\r\n

In a landlord-tenant dispute, if a tenant informs the authorities, the law protects the tenant from specific retaliatory activity.<\/p>\r\n

For example, a landlord who gives a tenant an eviction<\/a> notice after the tenant complained about a broken heater is likely retaliating. A tenant will likely file a complaint with the local housing authority of a housing code violation. In this example, the local housing authority or building inspector is the party that received the tenant’s legitimate complaint.<\/p>\r\n

Examples of Landlord Retaliation<\/h3>\r\n

The kinds of retaliatory acts covered by most state statutes include the following:<\/p>\r\n