Retaliatory Eviction Laws

Retaliatory eviction laws prohibit landlords from evicting tenants or taking other adverse actions in response to the tenant’s exercise of legal rights or complaints about the property. This means that the landlord cannot evict the tenant, raise the rent, or decrease services because the tenant complained to a government agency about habitability issues, participated in a tenant union or association, or asserted other legal rights. Retaliatory eviction laws vary by state but typically create a presumption of retaliation if the landlord takes adverse action within a certain period (e.g., six months) after the tenant’s protected activity. The landlord must then prove a legitimate, non-retaliatory reason for the action, such as the tenant’s non-payment of rent or violation of lease terms.