Key Takeaways
- Retaliatory eviction occurs when a landlord removes a tenant from their property because the tenant exercises their legal rights.
- Evicting a tenant for exercising their right is generally illegal.
- Proof includes initiating the eviction process soon after a tenant reports or complains about an issue.
- Legal recourse includes suing the landlord for compensation.
Landlords can legally evict tenants if they violate a lease. However, some use eviction as punishment when tenants complain to them or other entities about housing code violations, health hazards, or other problems at the property. This is called retaliatory eviction and is generally illegal.
States have established laws to protect tenants. Tenants can report retaliatory evictions to the housing authority or sue the landlord.
Proving retaliatory eviction will be challenging, but proper record-keeping can make their lawsuit successful. In some jurisdictions, landlords guilty of breaking these laws can be liable for actual damages or up to thrice the rent amount, whichever is higher.
This article will answer your questions about this topic, including how much you can sue a landlord for and state-specific laws. We will also look at an example for context.
What Is Retaliatory Eviction?
Retaliatory eviction is when a landlord commences the eviction process on a tenant because the tenant complained about something or exercised their right to rent withholding.
Such evictions are not based on Lease Agreement violations but are fully or partially motivated by revenge. The landlord may issue a no-fault notice or raise rent to push the leaseholder out. Sometimes, they mention an entirely different reason to conceal their real motive.
States define retaliatory eviction differently, but the principles are the same. Most states provide a statutory defense for retaliatory evictions.
Example of retaliatory eviction
Landlords can legally evict tenants for failure to pay rent, criminal activity, or other lease violations. In the case of retaliation, however, the landlord has no cause to evict and will likely go for a no-fault notice of eviction. Let's consider an example.
Ben lives in a nice neighborhood in Brooklyn, New York. He loves his apartment and hopes to renew the lease when it expires. He still has nine months left on the current lease. One evening after work, Ben notices a hole in one of his shirts. Upon investigation, he realizes that a few more of his clothes have nibbles on them. He suspects a mice invasion. That same day, Ben called his landlord to report the issue. However, the landlord ignores the matter. A few days later, Ben is shocked to receive a no-fault eviction notice. He is not ready to move. Finding another apartment will be challenging. He suspects the landlord wants him out because he complained about an infestation. The landlord reasons that he would save money if Ben moved out and another tenant came in and hopes the new tenant will be willing to remedy the situation themselves. Fortunately, New York law allows Ben to defend himself. Armed with his shredded clothes and proof of contacting his landlord a few days before the notice, he tells the landlord that he will sue him if he proceeds with evicting him.
How to Prove Retaliatory Eviction
It can be challenging to bring a retaliatory action case against a landlord if you were not expecting it. You need to prove that there is a link between your action and the landlord's conduct.
You may have a case if one of the following is true:
- A landlord is serving a notice of eviction soon after you report a matter to the landlord or a government agency. Some states consider up to six months after your action as suspicious.
- Attempt to evict you for joining a tenant union
- Poor maintenance conditions in your apartment
- Evidence of landlord threatening you with eviction for your actions
- Proof that a landlord has evicted a tenant for similar reasons before
Proving landlord retaliation differs in each state, according to its laws.
Retaliatory Eviction Laws by State
Most states have laws against retaliatory eviction. The table below shows the laws in each state.
| State | Statute Against Retaliatory Eviction |
|---|---|
| Alabama | Ala. Code § 35-9A-501 |
| Alaska | Alaska Stat. § 34.03.310 |
| Arizona | Ariz. Rev. Stat. § 33-1381 |
| Arkansas | Ark. Code § 20-27-608 |
| California | Cal. Civ. Code §§ 1940.35, 1942.5 |
| Colorado | Colo. Rev. Stat. §§ 38-12-509, 38-12-1203, 38-12-1205, 38-12-1307 |
| Connecticut | Conn. Gen. Stat. §§ 47a-20, 47a-33 |
| Delaware | Del. Code tit. 25, § 5516 |
| Florida | Fla. Stat. § 83.64 |
| Georgia | Ga. Code § 44-7-24 |
| Hawaii | Haw. Rev. Stat. § 521-74 |
| Idaho | None
Case law: Wright v. Brady, 889 P.2d 105 (Idaho. App. 1995) |
| Illinois | 765 Ill. Comp. Stat. § 720/1 |
| Indiana | Ind. Code §§ 32-31-8.5-0.5 |
| Iowa | Iowa Code § 562A.36 |
| Kansas | Kan. Stat. § 58-2572 |
| Kentucky | Ky. Rev. Stat. § 383.705 |
| Louisiana | None |
| Maine | Me. Rev. Stat. tit. 14, §§ 6001, 6021-A |
| Maryland | Md. Code Real Prop., 8-208.1, 8-208.2 |
| Massachusetts | Mass. Laws ch. 239, § 2A; ch. 186, § 18 |
| Michigan | Mich. Comp. Laws § 600.5720 |
| Minnesota | Minn. Stat. §§ 504B.285, 504B.441 |
| Mississippi | Miss. Code §§ 89-8-9, 89-8-17 |
| Missouri | None |
| Montana | Mont. Code § 70-24-431 |
| Nebraska | Neb. Rev. Stat. § 76-1439 |
| Nevada | Nev. Rev. Stat. § 118A.510 |
| New Hampshire | N.H. Rev. Stat. §§ 540:13-a, 540:13-b |
| New Jersey | N.J. Stat. §§ 2A:42-10.10, 2A:42-10.12 |
| New Mexico | N.M. Stat. § 47-8-39 |
| New York | N.Y. Real Prop. Law § 223-b |
| North Carolina | N.C. Gen. Stat. § 42-37.1 |
| North Dakota | None |
| Ohio | Ohio Rev. Code § 5321.02 |
| Oklahoma | None |
| Oregon | Or. Rev. Stat. § 90.385 |
| Pennsylvania | 68 Pa. Cons. Stat. §§ 250.205, 250.504-A, and 399.11 |
| Rhode Island | R.I. Gen. Laws §§ 34-18-46, 34-20-10, and 34-20-11 |
| South Carolina | S.C. Code § 27-40-910 |
| South Dakota | S.D. Codified Laws §§ 43-32-27, 43-22-28 |
| Tennessee | Tenn. Code §§ 66-28-514, 68-111-105 |
| Texas | Tex. Prop. Code § 92.331 |
| Utah | Case law: Building Monitoring Sys. v. Paxton, 905 P.2d 1215 (Utah 1995) |
| Vermont | Vt. Stat. tit. 9, § 4465 |
| Virginia | Va. Code §§ 55.1-1258, 55.1-1259 |
| Washington | Wash. Rev. Code §§ 59.18.240, 59.18.250 |
| West Virginia | None |
| Wisconsin | Wis. Stat. § 704.45; Wis. Adm. Code § ATCP 134.09 (5) |
| Wyoming | None |
| District of Columbia | D.C. Code §§ 42-3505.02, 42-3505.06 |
How Much Can a Tenant Sue a Landlord for Retaliation?
The money a tenant can get from suing a landlord depends on where they live. States have varying limits on recoverable damages.
Tenants may be able to recover the following:
- Actual damages: Tenants incur monetary costs, such as moving expenses, because of the landlord's actions. These are recoverable*.
- Attorney fees: Legal fees are not considered actual damages and are often claimed separately. Determining whether you will recover attorney costs is essential as these could be high.
- Punitive damages: Some retaliatory eviction laws allow for extra civil penalties. California, for example, allows for up to $2000 in additional damages per retaliatory act.
These laws are specific to your state. It is advisable to perform careful research and seek legal advice if necessary.
*For example, Tennessee, North Carolina, and Florida allow victims to recover actual damages only. Other states, such as South Carolina, allow tenants to recover actual damages or up to three times (3x) monthly rent, whichever is greater.
Is Retaliatory Eviction Illegal or Not?
Retaliatory eviction is unfair and illegal; most states have laws to fight it. In states with no specific regulations, a tenant can use case laws and other laws to bring a lawsuit against a landlord.
Tenants and landlords must understand their rights. Appreciating the other party's rights allows peaceful cohabitation and prevents legal action.
Helpful Resources:
Key Takeaways
- Retaliatory eviction occurs when a landlord removes a tenant from their property because the tenant exercises their legal rights.
- Evicting a tenant for exercising their right is generally illegal.
- Proof includes initiating the eviction process soon after a tenant reports or complains about an issue.
- Legal recourse includes suing the landlord for compensation.
Landlords can legally evict tenants if they violate a lease. However, some use eviction as punishment when tenants complain to them or other entities about housing code violations, health hazards, or other problems at the property. This is called retaliatory eviction and is generally illegal.
States have established laws to protect tenants. Tenants can report retaliatory evictions to the housing authority or sue the landlord.
Proving retaliatory eviction will be challenging, but proper record-keeping can make their lawsuit successful. In some jurisdictions, landlords guilty of breaking these laws can be liable for actual damages or up to thrice the rent amount, whichever is higher.
This article will answer your questions about this topic, including how much you can sue a landlord for and state-specific laws. We will also look at an example for context.
What Is Retaliatory Eviction?
Retaliatory eviction is when a landlord commences the eviction process on a tenant because the tenant complained about something or exercised their right to rent withholding.
Such evictions are not based on Lease Agreement violations but are fully or partially motivated by revenge. The landlord may issue a no-fault notice or raise rent to push the leaseholder out. Sometimes, they mention an entirely different reason to conceal their real motive.
States define retaliatory eviction differently, but the principles are the same. Most states provide a statutory defense for retaliatory evictions.
Example of retaliatory eviction
Landlords can legally evict tenants for failure to pay rent, criminal activity, or other lease violations. In the case of retaliation, however, the landlord has no cause to evict and will likely go for a no-fault notice of eviction. Let's consider an example.
Ben lives in a nice neighborhood in Brooklyn, New York. He loves his apartment and hopes to renew the lease when it expires. He still has nine months left on the current lease. One evening after work, Ben notices a hole in one of his shirts. Upon investigation, he realizes that a few more of his clothes have nibbles on them. He suspects a mice invasion. That same day, Ben called his landlord to report the issue. However, the landlord ignores the matter. A few days later, Ben is shocked to receive a no-fault eviction notice. He is not ready to move. Finding another apartment will be challenging. He suspects the landlord wants him out because he complained about an infestation. The landlord reasons that he would save money if Ben moved out and another tenant came in and hopes the new tenant will be willing to remedy the situation themselves. Fortunately, New York law allows Ben to defend himself. Armed with his shredded clothes and proof of contacting his landlord a few days before the notice, he tells the landlord that he will sue him if he proceeds with evicting him.
How to Prove Retaliatory Eviction
It can be challenging to bring a retaliatory action case against a landlord if you were not expecting it. You need to prove that there is a link between your action and the landlord's conduct.
You may have a case if one of the following is true:
- A landlord is serving a notice of eviction soon after you report a matter to the landlord or a government agency. Some states consider up to six months after your action as suspicious.
- Attempt to evict you for joining a tenant union
- Poor maintenance conditions in your apartment
- Evidence of landlord threatening you with eviction for your actions
- Proof that a landlord has evicted a tenant for similar reasons before
Proving landlord retaliation differs in each state, according to its laws.
Retaliatory Eviction Laws by State
Most states have laws against retaliatory eviction. The table below shows the laws in each state.
| State | Statute Against Retaliatory Eviction |
|---|---|
| Alabama | Ala. Code § 35-9A-501 |
| Alaska | Alaska Stat. § 34.03.310 |
| Arizona | Ariz. Rev. Stat. § 33-1381 |
| Arkansas | Ark. Code § 20-27-608 |
| California | Cal. Civ. Code §§ 1940.35, 1942.5 |
| Colorado | Colo. Rev. Stat. §§ 38-12-509, 38-12-1203, 38-12-1205, 38-12-1307 |
| Connecticut | Conn. Gen. Stat. §§ 47a-20, 47a-33 |
| Delaware | Del. Code tit. 25, § 5516 |
| Florida | Fla. Stat. § 83.64 |
| Georgia | Ga. Code § 44-7-24 |
| Hawaii | Haw. Rev. Stat. § 521-74 |
| Idaho | None
Case law: Wright v. Brady, 889 P.2d 105 (Idaho. App. 1995) |
| Illinois | 765 Ill. Comp. Stat. § 720/1 |
| Indiana | Ind. Code §§ 32-31-8.5-0.5 |
| Iowa | Iowa Code § 562A.36 |
| Kansas | Kan. Stat. § 58-2572 |
| Kentucky | Ky. Rev. Stat. § 383.705 |
| Louisiana | None |
| Maine | Me. Rev. Stat. tit. 14, §§ 6001, 6021-A |
| Maryland | Md. Code Real Prop., 8-208.1, 8-208.2 |
| Massachusetts | Mass. Laws ch. 239, § 2A; ch. 186, § 18 |
| Michigan | Mich. Comp. Laws § 600.5720 |
| Minnesota | Minn. Stat. §§ 504B.285, 504B.441 |
| Mississippi | Miss. Code §§ 89-8-9, 89-8-17 |
| Missouri | None |
| Montana | Mont. Code § 70-24-431 |
| Nebraska | Neb. Rev. Stat. § 76-1439 |
| Nevada | Nev. Rev. Stat. § 118A.510 |
| New Hampshire | N.H. Rev. Stat. §§ 540:13-a, 540:13-b |
| New Jersey | N.J. Stat. §§ 2A:42-10.10, 2A:42-10.12 |
| New Mexico | N.M. Stat. § 47-8-39 |
| New York | N.Y. Real Prop. Law § 223-b |
| North Carolina | N.C. Gen. Stat. § 42-37.1 |
| North Dakota | None |
| Ohio | Ohio Rev. Code § 5321.02 |
| Oklahoma | None |
| Oregon | Or. Rev. Stat. § 90.385 |
| Pennsylvania | 68 Pa. Cons. Stat. §§ 250.205, 250.504-A, and 399.11 |
| Rhode Island | R.I. Gen. Laws §§ 34-18-46, 34-20-10, and 34-20-11 |
| South Carolina | S.C. Code § 27-40-910 |
| South Dakota | S.D. Codified Laws §§ 43-32-27, 43-22-28 |
| Tennessee | Tenn. Code §§ 66-28-514, 68-111-105 |
| Texas | Tex. Prop. Code § 92.331 |
| Utah | Case law: Building Monitoring Sys. v. Paxton, 905 P.2d 1215 (Utah 1995) |
| Vermont | Vt. Stat. tit. 9, § 4465 |
| Virginia | Va. Code §§ 55.1-1258, 55.1-1259 |
| Washington | Wash. Rev. Code §§ 59.18.240, 59.18.250 |
| West Virginia | None |
| Wisconsin | Wis. Stat. § 704.45; Wis. Adm. Code § ATCP 134.09 (5) |
| Wyoming | None |
| District of Columbia | D.C. Code §§ 42-3505.02, 42-3505.06 |
How Much Can a Tenant Sue a Landlord for Retaliation?
The money a tenant can get from suing a landlord depends on where they live. States have varying limits on recoverable damages.
Tenants may be able to recover the following:
- Actual damages: Tenants incur monetary costs, such as moving expenses, because of the landlord's actions. These are recoverable*.
- Attorney fees: Legal fees are not considered actual damages and are often claimed separately. Determining whether you will recover attorney costs is essential as these could be high.
- Punitive damages: Some retaliatory eviction laws allow for extra civil penalties. California, for example, allows for up to $2000 in additional damages per retaliatory act.
These laws are specific to your state. It is advisable to perform careful research and seek legal advice if necessary.
*For example, Tennessee, North Carolina, and Florida allow victims to recover actual damages only. Other states, such as South Carolina, allow tenants to recover actual damages or up to three times (3x) monthly rent, whichever is greater.
Is Retaliatory Eviction Illegal or Not?
Retaliatory eviction is unfair and illegal; most states have laws to fight it. In states with no specific regulations, a tenant can use case laws and other laws to bring a lawsuit against a landlord.
Tenants and landlords must understand their rights. Appreciating the other party's rights allows peaceful cohabitation and prevents legal action.
Helpful Resources:
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