Legal Definitions - retaliatory eviction

A retaliatory eviction occurs when a landlord attempts to remove a tenant from their rental property specifically because the tenant has exercised a legal right. This means the landlord's primary motivation for the eviction is to punish or discourage the tenant from taking an action they are legally entitled to perform. Laws against retaliatory evictions are designed to protect tenants who stand up for their rights, ensuring they can report issues, enforce their lease terms, or engage in other protected activities without fear of losing their home.

Here are some examples:

• Scenario: Sarah lives in an apartment where the building's main water heater has been broken for a week, leaving all units without hot water. She repeatedly contacts her landlord, Mr. Jones, about the issue, citing the state's warranty of habitability and a clause in her lease requiring the landlord to provide essential services. After her third email, Mr. Jones serves her with a notice to vacate, claiming he wants to move a family member into her unit.

  Explanation: This is a potential retaliatory eviction because Mr. Jones's eviction notice closely followed Sarah's legitimate complaints about a critical repair, which she had a legal right to demand under her lease and state law. The timing and the nature of her complaints suggest his eviction attempt might be motivated by her exercise of these rights, rather than a genuine need for the unit.

• Scenario: David discovers his landlord, Ms. Chen, is operating an unlicensed short-term rental business (like an Airbnb) out of several units in their residential building, which is a clear violation of local zoning ordinances and their building's lease agreements. David reports this activity to the city's zoning enforcement department. A week later, Ms. Chen informs David that his lease will not be renewed and he must move out, despite having been a model tenant for five years.

  Explanation: This situation illustrates a retaliatory eviction because David exercised his legal right to report an illegal activity by his landlord to a government authority. Ms. Chen's sudden decision not to renew his lease, after years of good tenancy and immediately following his report, strongly suggests she is retaliating against him for exposing her unlawful business practices.

• Scenario: Emily lives in a city with rent control laws. Her landlord, Mr. Smith, attempts to raise her rent by 15% upon lease renewal, which is significantly above the legally permitted annual increase of 3%. Emily, after checking with a local tenant advocacy group, politely informs Mr. Smith that the proposed increase is unlawful and offers to pay the maximum legal increase. In response, Mr. Smith serves her with a "no-fault" eviction notice, stating he simply wishes to end their tenancy.

  Explanation: This could be considered a retaliatory eviction because Emily asserted her legal right to refuse an illegal rent increase under local rent control ordinances. Mr. Smith's immediate decision to evict her, rather than negotiate a legal rent, indicates his action may be a direct retaliation for her refusal to comply with his unlawful demand.