Landlord retaliation: what protects you and how to prove it

Asking for the heat to be fixed, calling the city inspector or joining other tenants are rights. This guide is for anyone who fears, or is already facing, landlord retaliationlandlord retaliationLandlord retaliation happens when the landlord punishes you for using a legal right. For example, the landlord tries to evict you because you complained in good faith to a government office about health or safety problems in the home, or because you organized with other tenants. Not every state recognizes it, and each one defines and proves it differently. In addition, the federal Fair Housing Act prohibits retaliating against a person for filing a housing discrimination complaint or taking part in that process.See the full definitionClose: punishment for using those rights. It explains what the laws of several states and federal law say, the big limit on that protection, and how to keep proof from day one.

Of protection in Texas after you ask for a repair or complain

6 months¹

In New York, the period in which the law presumes retaliation after your complaint

1 year⁹

Per retaliatory act in California, on top of damages

$2,000¹¹

To report retaliation for reporting discrimination to HUD

1 year¹⁴

What retaliation is and what it looks like

Retaliation is a landlord’s response to something you did within your rights. The California Attorney General gives two clear examples: trying to evict a tenant who asked for repairs or pointed out that a rent increase was unlawful, and taking away services the tenant already had, like a storage space or parking.¹⁰

State laws name the most common forms. In Texas, for six months after your action, the landlord may not file an eviction or deprive you of the use of your home (except on grounds the law allows), decrease your services, raise your rent, terminate your lease or act in bad faith to interfere with your lease rights.¹ Florida and Arizona talk about raising rent, decreasing services and suing or threatening to sue for possession.³⁴

Florida adds a detail: for it to count as retaliation, you must be treated differently in the rent, the services or what the landlord does.³ In other words, if the increase only reaches the person who complained, that matters. In Texas, by contrast, an increase under a written lease clause for utilities, taxes or insurance, or one applied to the whole complex, may not count as retaliation.¹

Retaliation or a valid reason

Prohibited

Can be retaliation

• Your rent goes up or your lease is ended soon after you ask for a repair.¹
• A service you already had, like parking, is taken away.¹⁰
• You are sued or threatened with a lawsuit because you complained to the code agency.³
• In New York, your lease is not renewed within a year of your complaint.⁹

Allowed

The law treats it as a valid reason

• You owe rent when you get the notice or the lawsuit.¹
• You or your guests intentionally damage property or threaten someone.¹
• The problem you reported was caused mainly by your own lack of care.⁴
• An increase under a written lease clause or for the whole complex, in Texas.¹

What decides a case is the reason and the order of events: that is why your proof and your dates matter.¹¹

What protects you, state by state

Each state decides which actions it protects and for how long. This is what the laws and official guides we reviewed say:

State	What is protected	The period that counts
Texas	Using a lease or legal right in good faith, giving a repair notice, complaining to the code office, a utility or a nonprofit agency, and joining a tenant organization1	6 months after your action
Florida	Complaining to the building, housing or health code agency, complaining to the landlord, taking part in a tenant organization and using your fair housing rights; you must act in good faith3	The section sets no time period
Arizona	Complaining to the code agency or to the landlord, and joining a tenants’ union4	A complaint in the previous 6 months creates a presumption of retaliation4
North Carolina	Asking for repairs or complaining in good faith to the landlord or the government, a formal government complaint, using lease or legal rights, and organizing6	What you did in the 12 months before the lawsuit
New York	Complaining in good faith to the landlord or an agency about health, safety, repairs or the lease, and taking part in tenant organizations9	Retaliation is presumed for 1 year after your complaint
California	Asking for repairs, complaining to the landlord or an agency, and having an agency inspect the home11	Retaliation is presumed if the landlord tries to evict you within 6 months

What does it mean that the law “presumes” retaliation? The judge starts from the idea that it was punishment, and it is up to the landlord to prove otherwise. In New York, if the eviction began within a year of your complaint and the landlord cannot prove it is not retaliation, the case ends.⁹ New York’s law does not apply to owner-occupied buildings with fewer than four units.⁹

The tenant rights pages for Texas, Florida, Arizona, North Carolina, New York and California have more of each state’s rules. If you live in another state, LawHelp.org has information on legal questions and free legal forms.¹⁷

The big limit: if you owe rent

This is the rule many people do not know. In Texas, an eviction because you owe rent when you are notified or sued is not retaliation.¹ Arizona lets the landlord sue if you are behind on rent,⁴ North Carolina lets the landlord win if you did not pay and that is the reason for the eviction,⁶ and Florida says the rule does not apply if the landlord proves good cause, such as a good-faith action for unpaid rent.³

California goes further: to use the six-month defense, you must prove your rent is current.¹¹ And the Texas Attorney General puts it plainly: you can always be evicted if you fail to pay your rent on time.²

So even if you are angry with your landlord, keep paying on time while you push for your rights, unless legal aid tells you otherwise. If you stop paying, what can arrive is the notice for late rent:

Notice for late rent, by state

State	Notice for late rent
Alabama	7 business days
Alaska	7 days
Arizona	5 calendar days
Arkansas	3 days
California	3 court days
Colorado	10 days
District of Columbia	10 days
Florida	3 days
Georgia	3 business days
Hawaii	10 calendar days
Idaho	3 days
Illinois	5 days
Indiana	10 days
Iowa	3 days
Kansas	3 calendar days
Kentucky	7 days
Louisiana	5 days
Maryland	10 days
Massachusetts	14 days
Michigan	7 days
Minnesota	14 days
Mississippi	3 days
Montana	3 days
Nebraska	7 calendar days
Nevada	7 judicial days
New Hampshire	7 days
New Mexico	3 days
New York	14 days
North Carolina	10 days
North Dakota	3 days
Ohio	3 days
Oklahoma	5 days
Oregon	10 days
Pennsylvania	10 days
Rhode Island	5 days
South Carolina	5 days
Tennessee	14 days
Texas	3 days
Utah	3 business days
Vermont	14 days
Virginia	14 days
Washington	14 days
Wisconsin	5 days
Wyoming	3 days

A complaint does not stop this notice: owing rent is a valid reason in several states.¹ Tap your state for details. Source: each state's laws

The guide What to do if you get an eviction notice walks through each step, and the eviction timeline tool puts them in order by date.

How to document from day one

Retaliation is proved by the order of events: first your request or complaint, then the landlord’s response. Because several states count the period from your complaint, the date of your first letter may be your most important piece of evidence.⁴⁹

Your file, step by step

1. 1. Ask for the repair in writing

   From the first problem

   Describe the problem, how it affects you and how long it has existed. Always keep a copy.¹¹

2. 2. Send it in a way you can prove

   The same day

   The Texas Attorney General says to send a dated letter by certified mail, return receipt requested, by registered mail or in person.²

3. 3. Gather photos, video and witnesses

   Before and after you complain

   In court, photos or video of the defects, witnesses and copies of your letters help.¹¹

4. 4. Ask for a city inspection if nothing gets fixed

   If the problem continues

   A health or building inspector's report is evidence,¹¹ and complaining to that office is protected in several states.³

5. 5. Pay rent on time

   Every month

   Be current on rent when the landlord receives your notice and while you press your case.²

6. 6. Write down every landlord response

   Every time something happens

   Increases, notices, services taken away: with the date. HUD asks for the dates and a short description of what happened.¹⁵

California’s official tenant guide recommends communicating in writing especially when you need a record, and always keeping a copy of what you send.¹¹ The same guide talks about sending the letter or an email: what matters is that you can show what you asked for and when.¹¹

One risk in Texas: if you complain to the government and the inspector determines in writing that there is no violation, the law presumes you acted in bad faith, and a bad-faith lawsuit can cost you one month’s rent plus $500.¹ Complain about what is really happening and keep the evidence. The guide on repairs and housing conditions explains how to ask for repairs in each state and what the warranty of habitabilitywarranty of habitabilityThe warranty of habitability is a tenant's right to a livable, safe and sanitary home. The rules depend on the state. In New York, according to the Attorney General's office, this right is implied in every written or oral residential lease, and a lease clause that waives it is void; it is breached, for example, when heat or hot water is not provided regularly. In California, the landlord must keep plumbing, heating, electrical equipment and locks in working order and keep the unit free of pests. In Arizona, the law requires keeping the home in a fit and habitable condition.See the full definitionClose is.

If you are sued: retaliation as a defense

If the landlord files an evictionevictionEviction is the legal process a landlord uses to get back a rented home when the tenant does not want to leave. The most common reasons are unpaid rent, serious lease violations or a lease that has ended. First the landlord must give you written notice. If it is not resolved, the landlord needs a court order, and a law enforcement officer must carry out the removal. If you are sued, you have the right to file a written answer explaining to the court why you should not be evicted. The rules change by state and city.See the full definitionClose after your complaint, retaliation is a defense in Texas,¹ Florida³ and Arizona.⁴ In North Carolina you can raise it and show the eviction responds to something you did in the 12 months before the lawsuit; if the judge finds it is retaliation, the eviction must be denied, although the landlord can still collect rent you owe.⁶⁷

The California Attorney General is firm: if you are sued or get an eviction notice, do not ignore it, and get legal help quickly.¹⁰

Besides defending yourself, you can sometimes recover money:

• Texas: one month’s rent plus $500, your actual damages, court costs and attorney’s fees, minus rent you owe.¹
• Arizona: recover the home or end the lease, and collect up to two months’ rent or twice your damages, whichever is greater.⁵
• California: up to $2,000 for each retaliatory act, on top of your damages; you can sue even after moving out.¹¹
• New York: tenants may collect damages from a landlord who violates this law.⁹

In North Carolina, a lease clause in which you give up these rights is void.⁸ But there are exceptions: the landlord can win if the lease was for a fixed term with no option to renew and you stay after it ends, if the landlord gave you notice in good faith before your complaint, or if, at the end of the lease, the landlord wants to live in the home.⁶

Retaliation for reporting discrimination

Federal law protects you separately. The Fair Housing ActFair Housing ActThe Fair Housing Act is the federal law that makes it illegal to refuse to sell or rent a dwelling, or to discriminate in its terms, because of race, color, religion, sex, familial status (having children), national origin or disability. It applies to landlords, real estate agents and managers, and also to banks and lenders when their practices make housing or credit unavailable for those reasons. National origin covers your language and the country you come from, regardless of immigration status. If you believe you were discriminated against, you can file a complaint with HUD at no cost; many states add protections.See the full definitionClose makes it unlawful to coerce, intimidate, threaten or interfere with anyone who exercises fair housing rights, or who helps someone else exercise them.¹² HUD’s rule prohibits retaliation because you filed a complaint, testified or reported a discriminatory practice to the landlord or another authority.¹³

Those rights cover, for example, discrimination based on national originnational originNational origin is one of the characteristics the Fair Housing Act protects. According to the Department of Justice, national origin discrimination can be based on the country where you were born or where your ancestors came from. The law prohibits refusing to sell or rent you a home, setting different terms or publishing ads that state a preference based on your national origin. According to the CFPB, the Equal Credit Opportunity Act also prohibits lenders from discriminating against you because of your national origin when you apply for credit, such as a mortgage.See the full definitionClose or familial statusfamilial statusFamilial status is one of the characteristics the Fair Housing Act protects. The law defines it as having one or more children under 18 living with a parent, with another person who has legal custody of them or with someone that person designates in writing. It also protects anyone who is pregnant or is in the process of getting custody of a child. So, with some exceptions, such as certain housing for older persons, no one may refuse to rent or sell you a home, or impose special conditions, because you live with children.See the full definitionClose (having children).¹⁵ HUD says retaliation is illegal at any time, even after an investigation ends, and that the Violence Against Women Act (VAWA) also prohibits retaliation in housing covered by that program.¹⁵

To report, HUD asks for a short description of what happened and the dates, and urges you to act as soon as possible: you can report online, by mail or by calling 1-800-669-9777.¹⁵ The law gives you one year from when it happened to file.¹⁴ The guide on housing discrimination explains the whole process.

Where to get free help

The CFPB points out that many landlords come to court with a lawyer, that you can get help too and that you could qualify for free legal aidlegal aidLegal aid is the free civil legal help that nonprofit organizations and their lawyers provide to low-income people in civil, not criminal, matters. In housing, that includes representing families facing eviction or foreclosure, alongside matters such as custody, child support, protection from domestic violence and access to benefits. In the United States, the Legal Services Corporation, created by Congress, funds a nationwide network of these organizations; its finder points you to the one in your area. Each sets its own income limits.See the full definitionClose through your local bar association or a legal aid office. It also notes that some state and local governments have protections to help you avoid eviction.¹⁶

The Legal Services Corporation funds civil legal aid for low-income Americans: on its site you type your address or city and it shows the nearest office.¹⁷ In California, the Attorney General points to LawHelpCA.org.¹⁰ The guide on free legal aid explains how to ask for it.

If this is you

You asked for a repair and got a rent increase

Gather the copy of your request with its date and the increase notice. In Texas, a retaliatory increase is barred for six months.¹

You complained about discrimination for having children

Punishing you for reporting is illegal under federal law; you can add the retaliation to your HUD complaint.¹³

You are threatened with a call to immigration

In California that kind of pressure is prohibited.¹⁰ In other states, talk to free legal aid first.

Your locks were changed or your power was cut

That is a different and urgent problem: read the guide on illegal lockouts and call legal aid today.¹⁶

Costly mistakes

• Mistake: Stopping rent payments to pressure the landlord.

  Instead: Pay on time: owing rent is a valid reason for eviction in several states.¹

• Mistake: Asking for repairs only out loud.

  Instead: Put them in writing and keep a dated copy.¹¹

• Mistake: Ignoring a lawsuit because you think it is unfair.

  Instead: Answer and show up: retaliation is a defense, but you have to raise it.¹

• Mistake: Staying quiet out of fear after reporting discrimination.

  Instead: Retaliation can also be reported to HUD, within one year.¹⁴

• Mistake: Signing a lease that says you give up these rights and assuming you lost them.

  Instead: In North Carolina that waiver is void; ask legal aid about your state.⁸

What to do this week

1. Write a list of dates: when you asked for the repair or complained, and when each landlord response arrived.¹⁵
2. Gather copies of your letters or messages, proof of delivery and your photos.¹¹
3. If you have not done it yet, send your request in writing with a date and keep a copy.²
4. Pay rent on time and keep the receipt.²
5. Find your free legal aid office with your address on the LSC site.¹⁷
6. If the retaliation is for reporting discrimination, report it to HUD online or at 1-800-669-9777.¹⁵