Understanding and Avoiding Illegal Retaliation

Retaliatory evictions and other penalties are illegal in most states, and they may prevent you from evicting a tenant for a legally valid reason down the line. But just what is a retaliatory eviction or penalty, and how do you know if you are guilty of such an action?

One of the most common examples is an eviction made in response to a tenant’s complaint. Suppose you were habitually negligent with building maintenance. Your tenant lodges a complaint (through proper channels) regarding code violations on the property and in response you push for an eviction or impose another penalty. This also commonly occurs when tenants organize or form unions.

Eviction is not the only action that qualifies as illegal retaliation. Increasing the rent, refusing to renew a lease, threatening eviction and decreasing services are all considered acts of retaliation. As a general rule, you may not punish any tenant for exercising any right or remedy under the law; doing so is illegal and considered retaliatory.

Unfortunately, the legal burden of proof falls to you, the landlord, in cases of retaliation. The law assumes any penalties against the tenant were retaliatory if they were imposed in response to a tenant’s protected actions within a given period of time (sometimes as long as 6 months). You must provide proof of a lease violation or other legal motive for eviction or penalty. I always keep a log of events and communications pertaining to any penalty action taken against my tenants in the event a legal complaint is filed.