Nearly all states have laws that prohibit a landlord from retaliating against a tenant for exercising some right to which he is entitled. The legal rights which a tenant may exercise without the prospect of retaliatory action by the landlord include filing a complaint regarding unsafe living conditions with a government entity, joining a tenants’ union, or reporting violations of relevant housing laws such as anti-discrimination laws. In addition, a landlord cannot take action against a tenant for exercising explicit rights contained in the lease, such as deducting money from rent to repair defects in the unit or refusing entry to the landlord without prior notice, as required by the law of the state of tenancy.
Most states have identified conduct that is considered retaliatory and therefore prohibited by the law when the tenant takes an action that the landlord disapproves of. This would include refusing to renew a lease, initiating eviction procedures, increasing the rent, diminishing or eliminating services on the premises or threatening to take any of these actions. The tenant must demonstrate that these actions were taken by the landlord for the purpose of retaliating against the tenant for exercising one of the rights enumerated above. Simply increasing the rent without further proof that this was undertaken as a form of retaliation against the tenant would not be considered illegal.
In many states, proving that the landlord’s actions were taken to punish the tenant for engaging in a permitted activity may be facilitated by a legal presumption in favor of the tenant. These states presume that the landlord was behaving in an improper manner if the tenancy is terminated within a certain time period after the tenant has exercised his rights. This period is generally six months. States that maintain this presumption require the landlord to prove that his actions were valid and not retaliatory in nature. In California, the landlord is presumed to have retaliated if he takes certain actions, such as terminating the tenancy or increasing the rent, within 180 days of the tenant exercising one of his legal rights.
In all cases, a tenant who believes his landlord is engaged in retaliatory behavior should document the conduct, notify the landlord of the behavior presumed to be retaliatory and consider talking to an attorney if its appears the matter will go to court.
Contact Shane Coons at 949-333-0900 or visit his website at www.ShaneCoonsLaw.com to find out more about his practice.