Retaliatory Evictions: Resources for Tenants and Landlords

Almost all states prohibit landlords from evicting tenants in retaliation for asserting their legal rights. For example, suppose a tenant makes a complaint about their rental unit. If the complaint is in good faith and made for a valid reason, it should be taken seriously. The landlord can’t punish the tenant by trying to end the tenancy or by making the tenant’s life difficult.

This article explains retaliatory landlord actions and the legal protections both property owners and tenants should know. Find links to helpful resources, learn when to get legal help, and get information on state laws.

The most valuable resource is professional legal help. Whether you are a tenant facing harassment or a landlord managing a dispute with a renter, consulting a landlord-tenant attorney can protect your legal rights and guide your next steps.

Valid Tenant Complaints

Examples of potentially valid tenant complaints include:

• Reporting housing code or building code violations to building inspectors
• Contacting government agencies (e.g., the Health Department) regarding housing issues
• Raising an alert about the about the habitability (living conditions) of the rental premises
• Voicing concerns through a tenant union that promotes self-help and activism

A landlord might retaliate to the above complaints by:

• Decreasing services to the tenant (e.g., turning off water or power)
• Imposing a retaliatory rent increase by raising the tenant’s rent
• Sending an eviction notice, threatening an eviction case, or filing an eviction lawsuit

Not every one of the above acts is necessarily a retaliatory act that violates landlord-tenant laws. For example, a landlord might be justified in raising the rent to keep up with yearly inflation.

Similarly, state statutes and the lease agreement might provide legal avenues for eviction if a tenant is liable for a violation. For instance, a tenant can rightfully get in trouble for withholding rent in certain circumstances. In other situations, nonpayment of rent can be justified if it is linked to repairs needed for major defects that the landlord neglected.

Consequences of Retaliatory Evictions

A landlord’s retaliatory actions can have serious consequences. In some cases, they may get sued in small claims court for minimal damages. But many states have laws allowing courts to punish retaliation with steep penalties.

A landlord may have to pay hefty fines and lose the right to evict their tenant for extended periods. A landlord may also end up on the hook for the tenant’s court costs and reasonable attorney fees. For more information on these topics, consider visiting the following sections:

• Kinds of Conduct Considered Retaliatory
• How To Prove a Landlord’s Conduct Was Retaliatory
• State-by-State Anti-Retaliation Laws

Landlord-tenant laws vary significantly by state and even city. Both renters and property owners can benefit from an attorney’s expertise to understand their rights and duties in their area. Find local legal help.

Eviction Resources for Landlords and Property Owners

Landlords should be very careful before initiating any eviction procedures. For general information about improper evictions, see FindLaw’s page on Illegal Evictions and Landlord Harassment. For more on unlawful evictions, other resources are available below. The following pages discuss steps to take for a proper eviction and the potential consequences a landlord could face:

• Eviction Rules for Landlords and Property Managers
• Timeline of the Eviction Process
• How Tenant Bankruptcy Affects Eviction
• Frequently Asked Questions for Terminating Rental Agreements
• Terminating a Lease for Cause: 4 Steps Landlord Must Take
• What Do Landlord-Tenant Attorneys Do?

An accusation of unlawful retaliation can harm your business and expose you to legal issues. An attorney near you can help you navigate complex local housing laws and avoid costly legal penalties. Find local legal help.

Eviction Resources for Tenants

Tenants should watch for wrongful conduct by their landlords. A tenant should not be afraid to get the benefit of the rent they pay for. Suppose the roof is leaking, the locks aren’t working, or the air conditioning is broken. It’s not unfair for the tenant to bring these problems to the landlord’s attention.

In most states, a landlord has a duty to provide working locks. The landlord may also be responsible for other issues in the premises. But even if the law doesn’t require them to address potential problems, landlords can’t threaten tenants with eviction over a complaint that annoyed them.

Below are some resources for tenants interested in learning more about their rights and potential defenses to evictions:

• Eviction Laws Renters Should Know
• Tenants’ Rights in Foreclosure Evictions
• Eviction Defenses for Tenants
• Security Deposit Return Laws
• What Do Landlord-Tenant Attorneys Do?
• The Power of Tenant Associations

Need Personalized Legal Advice on Landlord Retaliation? Find a Lawyer

Perhaps you’re a landlord facing action by a governmental agency. Or maybe you’re a tenant who has reported the landlord’s actions to authorities. In either situation, a real estate attorney or landlord-tenant lawyer can advise you. Landlord-tenant laws vary by state, so consulting an experienced legal expert is highly recommended to understand what protections are available in your area.

FindLaw’s directory of 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.