Retaliatory Eviction

The act of a landlord in ejecting or attempting to eject a tenant from the rented premises, or in refusing to renew a lease, because of the tenant's complaints or participation in a tenant's union or in similar activities with which the landlord is not in accord.

In some states, such retaliation will bar the landlord from enforcing normal eviction remedies against the tenant.

U.S. Landlord-Tenant Law

In American landlord-tenant law, a retaliatory eviction is a substantive defense and affirmative cause of action that can be used by a tenant against a landlord. If a tenant reports sanitary violations or violations of minimum housing standards, the landlord cannot evict the tenant in retaliation.

New York State Anti-Retaliatory Eviction Law

In 1979, section 223b was added to the Real Property Law. This section provides legal protection for tenants who have been retaliated against by landlords after engaging in certain kinds of "protected activities". The statute is of special value to two classes of tenants: (1) tenants in areas of the state without rent control or rent stabilization laws. 2) tenants living in areas that have rent regulatory laws but whose buildings or apartments, for one reason or another, are exempt from those laws (i.e., in NYC, buildings with less than six dwelling units, buildings constructed post 1974, apartments rented after a vacancy in coop or condo buildings, luxury deregulated apartments, etc.).

Rent regulated tenants, as well, need protection from landlords who sue to evict them on a so called "breach" of a substantial clause in the lease, when, in reality, the landlord is acting in retaliation against the tenants' efforts to enforce their legal rights. But, the rent regulatory laws have provisions to protect against this type of landlord abuse.

Section 223b applies to all rental residential premises in the state except those in owner-occupied one-, two-, or three-unit buildings.

Retaliatory Eviction in California

California tenants are protected under the law from eviction in retaliation to filing a grievance with the California Department of Fair Employment and Housing (DFEH) about uninhabitable conditions, or for filing a complaint under the California Civil and Health and Safety Codes. You cannot be evicted just for making a complaint!

Don't wait to file a complaint with the Department of Fair Employment and Housing; your quick action can protect you! If you file an administrative complaint with the DFEH - about uninhabitable conditions or other violations - your landlord is prohibited from filing an eviction lawsuit for 180 days.

Retaliatory Eviction in the UK

Retaliatory eviction is not illegal in the UK, although other countries have laws against it. Private landlords can use Section 21 of the Housing Act 1988 to end an assured shorthold tenancy agreement – effectively a fast-track means of evicting a tenant – without needing to provide any reason why. Those most at risk are vulnerable tenants on low incomes who can’t simply leave their accommodation and move elsewhere. In 2008, Citizens’ Advice Bureau counted 6,000 cases reported with issues regarding living in the private rented sector. That, of course, are only those of which the CAB is aware and the real number is likely to be far above that.