RETALIATORY EVICTION

What is it?

Retaliatory eviction is retaliating against a tenant for asserting their legal rights.  In most states it is illegal for a landlord to retaliate against their tenants.

 

 

 

 

What are some legal rights of a tenant. 

·        Complaining to a government authority

·        Deducting money from rent to fix defects the landlord has not repaired.

·        Exercising the right to assembly (joining or organizing a tenant’s union)

 

Examples on how a landlord might retaliate

·        Increasing Rent

·        Terminating Lease

·        Refusing to renew lease

·        Decreasing Services

In most states the law presumes that the landlord is retaliating if the tenancy is ended or the services are reduced within a certain amount of time after the tenant exercised his or her legal right within usually a six month time frame. 

 

You Can Still Evict an Otherwise Bad Tenant

 

Non-payment of rent, violation of rental agreement, making necessary repairs to the unit (that requires the unit to be vacant).  Bad faith complaints to authorities.  The most important thing is to comply with the letter of the law at all times and to have a supportive paper trail.

 

*As always read your lease and consult with an attorney if need be.*