What we verified in “Landlord retaliation: what protects you and how to prove it”

Statements and where we checked them

The statements with rules, figures or dates, with the exact place in the source and the date we checked them.

1. Under the Texas Property Code, a landlord may not retaliate against a tenant who in good faith uses a right from the lease, an ordinance or a statute; gives the landlord a notice to repair; complains to the office that enforces building or housing codes, a public utility or a civic or nonprofit agency; or forms or joins a tenant organization. For six months after that action, the landlord may not file an eviction (except on the grounds the law lists), deprive the tenant of the use of the home except for lawful reasons, decrease services, raise the rent or terminate the lease, or act in bad faith to interfere with the tenant's lease rights.

   Sources 1 · Tex. Prop. Code §92.331(a)–(b): 'in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute'; 'gives a landlord a notice to repair or exercise a remedy under this chapter'; 'complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency'; 'establishes, attempts to establish, or participates in a tenant organization'; 'within six months after the date of the tenant's action'; 'filing an eviction proceeding, except for the grounds stated by Section 92.332'; 'decreasing services to the tenant'; 'increasing the tenant's rent or terminating the tenant's lease'; 'engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease' · Checked October 17, 2026

2. In Texas, the landlord is not liable for retaliation if it proves the action was not retaliatory, nor for raising rent under a written lease escalation clause for utilities, taxes or insurance, nor for raising rent or reducing services as part of a pattern for the whole complex; and an eviction or lease termination is not retaliation when the tenant is delinquent in rent when notified or sued, when the tenant, family or guests intentionally damage property or threaten the safety of the landlord or other tenants, when the tenant materially breached the lease, or when the tenant stays after giving notice of leaving.

   Sources 1 · Tex. Prop. Code §92.332(a)–(b): 'if the landlord proves that the action was not made for purposes of retaliation'; 'increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance'; 'increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multidwelling project'; 'the tenant is delinquent in rent when the landlord gives notice to vacate or files an eviction action'; 'intentionally damages property on the premises or by word or conduct threatens the personal safety of the landlord'; 'the tenant has materially breached the lease'; 'the tenant holds over after giving notice of termination or intent to vacate' · Checked October 17, 2026

3. In Texas, if a landlord retaliates, the tenant may recover a civil penalty of one month's rent plus $500, actual damages, court costs and reasonable attorney's fees, less any delinquent rent or other sums the tenant owes; if the rent is subsidized by a government entity, the penalty is based on the fair market rent of the home plus $500.

   Sources 1 · Tex. Prop. Code §92.333: 'a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees'; 'less any delinquent rents or other sums for which the tenant is liable to the landlord'; 'the civil penalty granted under this section shall reflect the fair market rent of the dwelling plus $500' · Checked October 17, 2026

4. In Texas, if a tenant sues for retaliation based on a complaint to the government or a utility, and the inspector or utility representative visits and determines in writing that there is no violation or problem, the tenant is presumed to have acted in bad faith; if a tenant sues in bad faith, the landlord may recover possession and a penalty of one month's rent plus $500, court costs and attorney's fees.

   Sources 1 · Tex. Prop. Code §92.334(a)–(b): 'determines in writing that a violation of a building or housing code does not exist or that a utility problem does not exist, there is a rebuttable presumption that the tenant acted in bad faith'; 'If a tenant files or prosecutes a suit under this subchapter in bad faith, the landlord may recover possession of the dwelling unit and may recover from the tenant a civil penalty of one month's rent plus $500' · Checked October 17, 2026

5. In Texas, in an eviction suit, the landlord's retaliation is a defense.

   Sources 1 · Tex. Prop. Code §92.335: 'In an eviction suit, retaliation by the landlord under Section 92.331 is a defense' · Checked October 17, 2026

6. The Texas Attorney General says that, to ask for a repair and use the remedies in the law, a tenant must send the landlord a dated letter by certified mail, return receipt requested, or by registered mail, describing the repairs, or deliver it in person; keep a copy; and be current on rent when the landlord receives the notice. It also says it is illegal to retaliate for complaining in good faith about necessary repairs for six months from the complaint, but that you can always be evicted if you fail to pay rent on time, threaten the landlord's safety or intentionally damage the property.

   Sources 2 · Renter's Rights, 'If You Have Problems': 'Send the landlord a dated letter by certified mail, return receipt requested, or by registered mail, outlining the needed repairs'; 'You may also deliver the letter in person. Keep a copy of the letter. Be sure that your rent is current when the notice is received.'; 'it is illegal for a landlord to retaliate against you for complaining in good faith about necessary repairs for a period of six months from the date you made such a complaint'; 'you can always be evicted if you fail to pay your rent on time, threaten the safety of the landlord, or intentionally damage the property' · Checked October 17, 2026

7. Under Florida law, it is unlawful for a landlord to discriminatorily raise a tenant's rent, decrease services, or bring or threaten an action for possession or another civil action primarily to retaliate; the tenant must have acted in good faith; examples include complaining to the agency that enforces building, housing or health codes, organizing or joining a tenant organization, complaining to the landlord as the law allows, and using rights under local, state or federal fair housing laws.

   Sources 3 · Fla. Stat. §83.64(1): 'It is unlawful for a landlord to discriminatorily increase a tenant’s rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant'; 'the tenant must have acted in good faith'; 'complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code'; 'organized, encouraged, or participated in a tenant organization'; 'complained to the landlord pursuant to s. 83.56'; 'exercised his or her rights under local, state, or federal fair housing laws' · Checked October 17, 2026

8. In Florida, the tenant may raise evidence of retaliation as a defense in any action for possession; the rule does not apply if the landlord proves the eviction is for good cause, such as a good-faith action for nonpayment of rent or for violating the lease or reasonable rules; and retaliation requires that the tenant is being treated differently as to rent, services or the landlord's action.

   Sources 3 · Fla. Stat. §83.64(2)–(4): 'Evidence of retaliatory conduct may be raised by the tenant as a defense in any action brought against him or her for possession'; 'this section does not apply if the landlord proves that the eviction is for good cause'; 'good faith actions for nonpayment of rent, violation of the rental agreement or of reasonable rules'; 'a tenant is being treated differently as to the rent charged, the services rendered, or the action being taken by the landlord' · Checked October 17, 2026

9. Under Arizona law, a landlord may not retaliate by raising rent, decreasing services or bringing or threatening an action for possession after the tenant complained to the agency that enforces building or housing codes, complained to the landlord about a violation of the landlord's duties, or organized or joined a tenants' union or similar organization.

   Sources 4 · Ariz. Rev. Stat. §33-1381(A): 'a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after any of the following'; 'complained to a governmental agency charged with responsibility for enforcement of a building or housing code'; 'The tenant has complained to the landlord of a violation under section 33-1324'; 'organized or become a member of a tenants' union or similar organization' · Checked October 17, 2026

10. In Arizona, if the landlord retaliates, the tenant has the remedies of section 33-1367 and a defense in the action for possession; a complaint within six months before the act creates a presumption of retaliation, unless the complaint came after notice of termination; and the landlord may still sue for possession if the code violation was caused mainly by the tenant's lack of reasonable care, or if the tenant is in default in rent.

    Sources 4 · Ariz. Rev. Stat. §33-1381(B)–(C): 'the tenant is entitled to the remedies provided in section 33-1367 and has a defense in action against him for possession'; 'evidence of a complaint within six months prior to the alleged act of retaliation creates a presumption that the landlord's conduct was in retaliation'; 'The presumption does not arise if the tenant made the complaint after notice of termination of the rental agreement'; 'caused primarily by lack of reasonable care by the tenant'; 'The tenant is in default in rent' · Checked October 17, 2026

11. In Arizona, under those remedies the tenant may recover possession or terminate the lease and, either way, recover up to two months' rent or twice the actual damages, whichever is greater.

    Sources 5 · Ariz. Rev. Stat. §33-1367: 'the tenant may recover possession or terminate the rental agreement'; 'recover an amount not more than two months' periodic rent or twice the actual damages sustained by him, whichever is greater' · Checked October 17, 2026

12. North Carolina law protects a good-faith complaint or repair request to the landlord, a good-faith complaint to a government agency about health or safety violations, a government authority's formal complaint to the landlord, a good-faith attempt to use lease or legal rights, and a good-faith attempt to organize or join a tenants' organization; in an eviction, the tenant may raise the defense of retaliatory eviction and show the action responds to any of these within 12 months before the suit was filed.

    Sources 6 · N.C. Gen. Stat. §42-37.1(a)–(b): 'A good faith complaint or request for repairs to the landlord'; 'A good faith complaint to a government agency about a landlord's alleged violation of any health or safety law'; 'A government authority's issuance of a formal complaint to a landlord'; 'A good faith attempt to exercise, secure or enforce any rights existing under a valid lease or rental agreement or under State or federal law'; 'A good faith attempt to organize, join, or become otherwise involved with'; 'a tenant may raise the affirmative defense of retaliatory eviction'; 'within 12 months of the filing of such action' · Checked October 17, 2026

13. In North Carolina, the landlord may win the eviction despite a complaint if the tenant failed to pay rent or another substantial obligation and that is the reason; if the lease was for a fixed term with no option to renew and the tenant stays after it ends; if the tenant, household or guests mainly caused the defect; if the good-faith notice to quit was delivered before the complaint; or if the landlord in good faith wants the home to live in, to demolish or remodel it completely, or to stop renting it for at least six months.

    Sources 6 · N.C. Gen. Stat. §42-37.1(c): 'The tenant breached the covenant to pay rent or any other substantial covenant of the lease for which the tenant may be evicted, and such breach is the reason for the eviction'; 'where the tenant has no option to renew the lease, the tenant holds over after expiration of the term'; 'caused primarily by the willful or negligent conduct of the tenant'; 'a good faith notice to quit the premises, which notice was delivered prior to the occurrence of any of the activities protected'; 'for use as the landlord's own abode'; 'to terminate for at least six months the use of the property as a rental dwelling unit' · Checked October 17, 2026

14. In North Carolina, if the court finds the eviction is retaliatory, it must deny the eviction, although the landlord can still collect rent that is due.

    Sources 7 · N.C. Gen. Stat. §42-37.2(a): 'If the court finds that an ejectment action is retaliatory, as defined by this Article, it shall deny the request for ejectment'; 'shall not prevent the landlord from receiving payments for rent due' · Checked October 17, 2026

15. In North Carolina, a waiver of these rights by the tenant or a household member (for example, in the lease) is void.

    Sources 8 · N.C. Gen. Stat. §42-37.3: 'Any waiver by a tenant or a member of his household of the rights and remedies created by this Article is void as contrary to public policy' · Checked October 17, 2026

16. The New York Attorney General explains that it is illegal to retaliate against tenants for taking part in tenant organizations or for making a good-faith complaint, to the landlord or an agency, about health and safety violations, habitability, lack of repairs, lease violations or rent gouging; that retaliation is presumed if, within one year of the complaint, the landlord substantially changes the lease terms (refusing to keep renting, not renewing, or offering a new lease with an unreasonable increase) or starts an eviction; that the landlord must then prove it is not retaliation, and if it fails the eviction is terminated; that tenants may collect damages; and that the law applies to all rentals except owner-occupied dwellings with fewer than four units.

    Sources 9 · Residential Tenants’ Rights Guide, 'Retaliation' (Real Property Law §223-b): 'It is illegal for landlords in New York to retaliate against tenants for participating in tenant organizations'; 'make a good faith complaint to them or to a government agency about violations of health and safety laws, issues with habitability or non-repair of the premises, violations of rights under a lease, or rent gouging'; 'Within one year of a tenant’s complaint, the landlord substantially alters the terms of a tenant’s rental agreement'; 'refusing to continue to rent to you; failing to renew a lease after your lease has expired; or offering a new lease with an unreasonable rent increase'; 'The eviction proceeding will be terminated if the landlord fails to prove that the eviction was not retaliatory'; 'Tenants may collect damages from landlords who violate this law, which applies to all rentals except owner-occupied dwellings with fewer than four units' · Checked October 17, 2026

17. The California Attorney General says landlords may not retaliate against tenants for exercising their rights: for example, it is illegal to try to evict a tenant who asked for repairs or pointed out that a rent increase is unlawful, or to take away services or rights the tenant already had, like a storage space or parking.

    Sources 10 · Landlord-Tenant Issues, 'Retaliation' (Civ. Code §1942.5): 'Landlords may not retaliate against tenants for exercising their rights'; 'it is against the law for a landlord to try to evict a tenant who has asked for repairs or pointed out that a rent increase is unlawful'; 'or to take away services or rights that the tenant previously enjoyed, like a storage space or parking' · Checked October 17, 2026

18. The California Attorney General says landlords are never allowed to threaten to disclose a tenant's or occupant's immigration status to pressure them to move out, or to harass or retaliate against a tenant by disclosing their immigration status to law enforcement.

    Sources 10 · Landlord-Tenant Issues, 'Discrimination': 'Landlords are never allowed to threaten to disclose a tenant or occupant’s immigration status in order to pressure a tenant to move out'; 'Landlords are also never allowed to harass or retaliate against a tenant by disclosing their immigration status to law enforcement' · Checked October 17, 2026

19. The California Attorney General says free or low-cost legal help may be available; that if you are sued or get an eviction notice you should not ignore it and should act quickly to get help from a lawyer; and that you can find a legal aid office at www.LawHelpCA.org.

    Sources 10 · Landlord-Tenant Issues, 'Getting Legal Help': 'free or low-cost legal help may be available'; 'If you are sued or get an eviction notice, don’t ignore it—act quickly to get help from a lawyer'; 'To find a legal aid office near where you live, please visit www.LawHelpCA.org' · Checked October 17, 2026

20. The California Department of Real Estate's official tenant guide explains that if a landlord tries to evict a tenant within six months after the tenant exercised certain rights (such as complaining about the unit's condition to the landlord or an agency, or causing an agency to inspect), the law assumes the eviction is retaliatory; that to use that defense the tenant must prove the right was exercised within those six months, that rent is current and that the defense was not used more than once in the past 12 months; that a tenant can bring a claim for damages even after moving; and that, besides actual damages, the law provides up to $2,000 for each actual or attempted retaliatory act.

    Sources 11 · California Tenants (2026 edition), 'Retaliatory Evictions', pp. 110–111: 'If a landlord tries to evict a tenant within six months after the tenant has exercised certain rights, the law assumes the eviction is retaliatory'; 'Complaining about the condition of the rental unit to the landlord, or to an appropriate public agency'; 'Causing an appropriate public agency to inspect the rental unit or to issue a citation to the landlord'; 'that the tenant’s rent is current, and that the tenant has not used the defense of retaliation more than once in the past 12 months'; 'A tenant can bring such a claim even if they move due to a landlord’s retaliatory actions'; 'up to $2,000 in statutory damages for each actual or attempted retaliatory act by the landlord' · Checked October 17, 2026

21. California's tenant guide recommends communicating in writing, especially when you need to document what was said; that the letter describe the problem, its effect on you and how long it has existed; always keeping a copy; mentions sending the letter or an email; and explains that in a court case it helps to have photos or video of the defects, witnesses, copies of letters to the landlord and a report from a health or building official.

    Sources 11 · California Tenants (2026 edition), 'Talk with your landlord', p. 112: 'better to communicate in writing, especially if there is a need to document the content of the communication'; 'should describe the problem, its effect on you, how long the problem has existed'; 'You should always keep a copy of your written communication'; 'after sending the letter or e-mail'; p. 61: 'In the event of a court action, it is helpful to have photographs or video of the defects that require repairs, witnesses, and copies of letters informing the landlord of the problem'; 'a report from a local health or building official' · Checked October 17, 2026

22. The Fair Housing Act makes it unlawful to coerce, intimidate, threaten or interfere with anyone for exercising fair housing rights, for having exercised them, or for having aided or encouraged someone else to exercise them.

    Sources 12 · 42 U.S.C. §3617: 'It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of'; 'on account of his having aided or encouraged any other person in the exercise or enjoyment of' · Checked October 17, 2026

23. HUD's rule prohibits retaliating against a person for making a complaint, testifying, assisting or taking part in a Fair Housing Act proceeding, or for reporting a discriminatory housing practice to a housing provider or another authority.

    Sources 13 · 24 CFR §100.400(c)(5)–(6): 'Retaliating against any person because that person has made a complaint, testified, assisted, or participated in any manner in a proceeding under the Fair Housing Act'; 'Retaliating against any person because that person reported a discriminatory housing practice to a housing provider or other authority' · Checked October 17, 2026

24. HUD says it is illegal to retaliate against anyone for making an allegation, testifying, assisting or taking part in HUD's process, even after the investigation ends; that the Violence Against Women Act (VAWA) also prohibits retaliation in housing covered by that program; that if you experienced retaliation you can report it as housing discrimination; that you should report as soon as possible because there are time limits; that it asks, among other details, for a short description of what happened and the dates; that the Fair Housing Act covers race, color, national origin, religion, sex, disability and familial status; and that you can report online, by mail or by calling 1-800-669-9777.

    Sources 15 · Report Housing Discrimination: 'It is illegal to retaliate against any person for making an allegation, testifying, assisting, or participating in any manner in a proceeding under HUD’s allegation process at any time, even after the investigation has been completed'; 'The Violence Against Women Act also makes it illegal for a public housing agency, owner, or manager of housing assisted under a VAWA covered housing program to retaliate'; 'If you believe you have experienced retaliation, you can report housing discrimination'; 'you should report housing discrimination as soon as possible'; 'A short description of the event(s) that cause you to believe your rights were violated'; 'The date(s) of the alleged violation'; 'Fair Housing Act (race, color, national origin, religion, sex, disability, familial status)'; '1-800-669-9777' · Checked October 17, 2026

25. Under the Fair Housing Act, an aggrieved person may file a complaint with HUD no later than one year after the discriminatory practice occurred or ended.

    Sources 14 · 42 U.S.C. §3610(a)(1)(A)(i): 'not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the Secretary' · Checked October 17, 2026

26. The CFPB explains that many landlords are represented by a lawyer in court, that you can get legal help too and could qualify for free legal aid through your local bar association or a legal aid office, and that some state and local governments have protections to help you avoid eviction.

    Sources 16 · Your tenant and debt collection rights: 'Many landlords are represented by a lawyer in court. You can get legal help too, and you could qualify for free legal aid.'; 'Find a lawyer through your local bar association or legal aid office'; 'Some state and local governments have protections in place to help you avoid being evicted.' · Checked October 17, 2026

27. The Legal Services Corporation (LSC), established by Congress, funds civil legal aid for low-income Americans; on its site you enter an address or city to find an LSC-funded legal aid organization, and LawHelp.org has information on legal questions and free legal forms.

    Sources 17 · I Need Legal Help: 'LSC is an independent nonprofit established by Congress in 1974 to provide financial support for civil legal aid to low-income Americans'; 'enter an address or city below to find an LSC-funded legal aid organization near you'; 'You can also visit LawHelp.org to look up information about your legal questions and find free legal forms' · Checked October 17, 2026