Retaliation

Full Definition

Retaliation in landlord-tenant law occurs when a landlord takes adverse action against a tenant because the tenant exercised a legal right -- such as sending a demand letter for a deposit, filing a complaint with a housing agency, or joining a tenants' union. Prohibited retaliatory acts include: raising the rent, serving an eviction notice, refusing to renew the lease, reducing services, or any other action intended to punish the tenant for asserting rights. All U.S. states have anti-retaliation statutes, and many create a rebuttable presumption of retaliation if the adverse action follows the tenant's protected activity within a certain time window (often 60 to 90 days). This presumption shifts the burden to the landlord to prove a legitimate, non-retaliatory reason for the action. If a court finds retaliation, the landlord may be liable for actual damages, the statutory penalty, and attorney fees -- on top of any security deposit claims. Retaliation claims are most commonly raised as a defense in eviction proceedings or as an independent counterclaim.