Under state and local law, landlords are prohibited from taking any retaliatory action against tenants who try to enforce the landlord’s obligations under law or contract. Nonetheless, some landlords choose to punish tenants who seek repairs or otherwise inconvenience the landlord. 

If your landlord is harassing you or otherwise retaliating against you, what can you do? 

What is Landlord Retaliation?

Landlord retaliation refers to a situation where a landlord punishes a tenant for exercising the tenant’s legal rights. Landlord retaliation may include harassment, which is an intentional act by the landlord against the tenant to threaten, intimidate, or otherwise force the tenant to vacate the property. It also includes withholding, cancelling, or refusing to renew any terms of the lease. 

While landlord retaliation can happen with any landlord/tenant relationship, it is most common in rent-controlled buildings when a landlord tries to force a tenant out so that rent can be increased or the unit or building can be sold.

In addition to being illegal under state law, many local governments have ordinances and anti-harassment statutes to protect tenants from landlord retaliation and other harassment within the rental relationship.

Examples of Landlord Retaliation

Retaliatory landlord acts can include the following, among others:

• Decreasing or eliminating services like parking access and laundry
• Shutting off utilities
• Refusing to make necessary repairs
• Entering the property without notice to the tenant
• Removing the tenant’s possessions
• Locking out the tenant
• Intimidating, threatening, or harassing the tenant to force them to vacate

How Do You Prevent Landlord Retaliation?

You should always contact an attorney to help you navigate a dispute with your landlord. However, generally, you can and should consider doing the following. This is not legal advice, but rather, a set of practical suggestions to help you inoculate any disputes:

Document everything. 

Always submit requests for repairs or other correspondence with the landlord in writing. If the landlord retaliates after you make a request, respond with a demand letter. This written request should specify the retaliatory action and demand that the harassment stop immediately. It also serves as notice that further harassment will prompt legal action.

Call the police. 

If you are facing immediate harm from an unsafe condition, being locked out of your property, or if essential utilities have been shut off, contacting the police is the appropriate response. Make sure to ask for a police report and case number.

Take legal action. 

If the landlord continues to harass you, it may be appropriate to obtain a restraining order. Your attorney may choose to send a demand letter if the retaliatory behavior has continued. In some cases, it may be appropriate to head straight to a civil lawsuit against your landlord. Your attorney will advise you as to the best course of action.

Should I Sue My Landlord For Retaliation?

In some circumstances, filing a lawsuit is necessary to recover rent, moving costs, and other associated expenses. Landlord retaliation can place a tenant in under stressful circumstances. Therefore, it may also be appropriate to see damages for emotional distress as well as punitive damages to deter future retaliation against other renters. 

If you have been impacted by landlord retaliation, contact our office to review your options with an experienced tenant law attorney.