Landlord Retaliation
Although it is unlawful in most states, some landlords attempt to punish tenants who make legitimate complaints about housing conditions or services. For example, the landlord might increase rent or decrease access to services in a practice known as landlord retaliation.
Knowing your rights can help you understand what to do in this unfortunate situation.
What Is Landlord Retaliation?
Landlord retaliation occurs when a residential landlord or property manager punishes a tenant for filing a lawful complaint. The tenant must report the dispute and be able to prove the retaliatory actions.
Landlord retaliation laws can vary from state to state. However, the most common forms of landlord retaliation covered by state statutes are the following:
- raising the rent
- decreasing access to services
- not performing necessary repairs
- not returning a security deposit or claiming the tenant did not pay a security deposit
- refusing to renew the lease by sending a termination letter
- ending a month-to-month lease agreement
- sending an eviction notice
- filing an eviction lawsuit without adequate cause
- violating fair housing laws in other ways
If the landlord seeks a retaliation eviction, the tenant must prove to a judge that the landlord is acting in response to the tenant's legitimate complaint.
Although they are less common than residential disputes, landlord retaliation can also occur with a commercial lease agreement.
Create a Commercial Lease Agreement
How To Prevent Landlord Retaliation
Since taking a landlord to court for possible retaliation can be time-consuming, stressful, and expensive, it is best to try to avoid the situation in the first place.
Landlords must be able to provide a healthy and safe environment for their tenants. Landlord retaliation typically affects tenants who report legitimate housing and safety violations to local agencies, such as the housing authority or health department.
Before making such a report, a tenant should first notify the landlord of the problem. This report should be made in writing and sent via certified mail with an accompanying return receipt. A copy of the report and the return receipt will serve as proof should it be needed later.
If the landlord does not respond to our report and address the problem within a reasonable time, the tenant is within their rights to contact the appropriate local agency.
How To Report Landlord Retaliation
In any situation, proper documentation is essential to proving landlord retaliation in court.
Examples of documentation include:
- copies of any letters sent to the landlord asking for repairs
- any landlord response letters
- photos of the residence before and during the reported problem
- written statements from others who have observed the problem
- log of events related to the landlord's retaliation.
Before seeking outside help, read your lease agreement carefully to make sure you are following all the rules in the document. If you feel you are within your rights to report the landlord, contact your appropriate state agency.
You may need help from a lawyer to settle the dispute with your landlord. You can find out about affordable legal aid options at USA.gov.
Helpful Resources:
USAGov - How to file a complaint against a landlord
State of California: Office of the Attorney General - Landlord-Tenant Issues
RCW 59.18.240 - Reprisals or retaliatory actions by landlord
Although it is unlawful in most states, some landlords attempt to punish tenants who make legitimate complaints about housing conditions or services. For example, the landlord might increase rent or decrease access to services in a practice known as landlord retaliation.
Knowing your rights can help you understand what to do in this unfortunate situation.
What Is Landlord Retaliation?
Landlord retaliation occurs when a residential landlord or property manager punishes a tenant for filing a lawful complaint. The tenant must report the dispute and be able to prove the retaliatory actions.
Landlord retaliation laws can vary from state to state. However, the most common forms of landlord retaliation covered by state statutes are the following:
- raising the rent
- decreasing access to services
- not performing necessary repairs
- not returning a security deposit or claiming the tenant did not pay a security deposit
- refusing to renew the lease by sending a termination letter
- ending a month-to-month lease agreement
- sending an eviction notice
- filing an eviction lawsuit without adequate cause
- violating fair housing laws in other ways
If the landlord seeks a retaliation eviction, the tenant must prove to a judge that the landlord is acting in response to the tenant's legitimate complaint.
Although they are less common than residential disputes, landlord retaliation can also occur with a commercial lease agreement.
Create a Commercial Lease Agreement
How To Prevent Landlord Retaliation
Since taking a landlord to court for possible retaliation can be time-consuming, stressful, and expensive, it is best to try to avoid the situation in the first place.
Landlords must be able to provide a healthy and safe environment for their tenants. Landlord retaliation typically affects tenants who report legitimate housing and safety violations to local agencies, such as the housing authority or health department.
Before making such a report, a tenant should first notify the landlord of the problem. This report should be made in writing and sent via certified mail with an accompanying return receipt. A copy of the report and the return receipt will serve as proof should it be needed later.
If the landlord does not respond to our report and address the problem within a reasonable time, the tenant is within their rights to contact the appropriate local agency.
How To Report Landlord Retaliation
In any situation, proper documentation is essential to proving landlord retaliation in court.
Examples of documentation include:
- copies of any letters sent to the landlord asking for repairs
- any landlord response letters
- photos of the residence before and during the reported problem
- written statements from others who have observed the problem
- log of events related to the landlord's retaliation.
Before seeking outside help, read your lease agreement carefully to make sure you are following all the rules in the document. If you feel you are within your rights to report the landlord, contact your appropriate state agency.
You may need help from a lawyer to settle the dispute with your landlord. You can find out about affordable legal aid options at USA.gov.
Helpful Resources:
USAGov - How to file a complaint against a landlord
State of California: Office of the Attorney General - Landlord-Tenant Issues
RCW 59.18.240 - Reprisals or retaliatory actions by landlord