Retaliatory Eviction Is Illegal. Landlords are prohibited from retaliating against tenants who exercise their legal rights. It is illegal for a landlord to evict a tenant or make substantial changes to their tenancy in response to the tenant taking certain protected actions.
What Counts as Retaliation?
It is illegal for a landlord to serve a Notice to Quit (or begin eviction proceedings) in retaliation for any of the following:
- Filing a good faith complaint about:
- Housing code violations
- Duty of repair issues
- Warranty of habitability
- Any other housing-related legal violation
- Taking legal action against the landlord (e.g. small claims or housing court cases)
- Organizing or joining a tenant association or union
Rebuttable Presumption of Retaliation
If a landlord attempts to evict a tenant or change their lease within one year of the tenant taking one of the protected actions above, it is presumed to be retaliation, unless the landlord can prove otherwise. This is called a “rebuttable presumption.”
⚠️ Important Note: If the tenant owes rent or has violated the lease, a landlord may have valid grounds for eviction. In such cases, retaliation may be harder to prove, and the presumption may not apply.
Other Forms of Retaliation Are Also Prohibited
Landlords cannot substantially alter the terms of your tenancy as a form of retaliation, including:
- Refusing to renew your lease or tenancy
- Failing to offer a new lease
- Increasing rent or decreasing services unjustifiably
- Imposing new, burdensome rules targeting you after you’ve taken protected actions