Landlord Retaliation Laws: State Guide

Most states prohibit residential landlords and property managers from retaliating against tenants for exercising their legal rights. Retaliatory conduct includes raising a tenant’s rent or evicting them because they formed a tenant organization or filed a complaint with a government agency.

This article explains landlord retaliation laws. You’ll also find a chart linking to each state’s specific statute. 

Because housing regulations and tenant protections vary significantly by state and even city, personalized legal advice is essential in some situations. Consult a local landlord-tenant attorney to learn more about your area’s laws and get expert help defending your rights.

Understanding Landlord Retaliation

All tenants have fundamental tenant rights during their tenancy. These rights include, but are not limited to:

• The right to live in a safe and habitable dwelling unit, including withholding rent if the tenant meets the criteria
• The right to organize or create tenant organizations, like a tenants’ association
• The right to privacy in their dwelling unit
• The right to freedom from housing discrimination
• The right to return of their security deposit

In many states, if a landlord violates a tenant’s rights, that tenant can file a complaint with a government agency or a lawsuit, depending on the circumstances. For example, if the living conditions in a dwelling unit fall below habitability standards, tenants can file a complaint with the local housing authority. The agency will send an inspector to the rental property to check for housing code violations and issue an infraction.

Tenants exercising their rights may face retaliation from their landlords.

Examples of Retaliatory Acts by a Landlord

Retaliatory acts often follow protected tenant activity, often by six months to a year. Please note these acts themselves are not considered retaliatory. There should be a temporal (time) connection between the tenant’s and landlord’s actions. We must consider the circumstances of these acts to determine if they are retaliatory conduct.

Retaliatory acts include, but are not limited to, the following:

• Decreasing services
• Eviction lawsuit/retaliatory eviction
• Rent increase
• Privacy violations
• Refusing to renew a lease agreement

Tenant Remedies for Retaliatory Conduct

State and local laws protect tenants from landlord retaliation. Tenants can file a claim in small claims court to address landlord retaliation. In some jurisdictions, like the District of Columbia, courts automatically presume the landlord’s conduct is retaliatory. This burdens the landlord to prove their conduct was not retaliatory.

If a court finds in favor of the tenant, it can award one or more of the following:

• One month’s rent
• Court costs
• Reasonable attorney’s fees

Anti-Landlord Retaliation Laws by State

Landlord-tenant laws vary by state, so use the table below to find the appropriate statute. If you’re a property owner, you’ll need to know the laws in the state where the rental property is. You can also consult an attorney in your area for the most up-to-date legal information.

Six states do not have anti-retaliation laws:

• Colorado
• Louisiana
• Missouri
• North Dakota
• Oklahoma
• Wyoming

If you live or own rental property in these states, contact an attorney for legal advice on other relevant protections.

The links below will take you to the specific statute for each state.

Get Legal Help With Landlord Retaliation

Seek legal advice if you believe your landlord has engaged in retaliatory conduct or you’re accused of unlawful retaliation. Landlord-tenant lawyers are experts in this area of law and can advise you on your legal rights as a tenant or property owner. 

FindLaw’s directory of landlord-tenant attorneys can connect you with qualified legal help near you. Enter your legal issue and city or ZIP code for a list of legal professionals in your area. Because state law is relevant, your attorney should be licensed in the state of the rental property. Your search results will also show important details about prospective attorneys, like ratings, areas of practice, and whether they offer free consultations.

State Anti-Retaliation Statutes: Related Resources

If you or someone you know is facing a housing discrimination situation, you can do more research with the links below. 

• Fair Housing Laws: Renters’ Protection from Sexual Orientation Discrimination
• Fair Housing: U.S. Supreme Court Cases
• Understanding Your Rights: Housing Discrimination