Retaliatory Eviction

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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.


Landlord and Tenant.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
Another possible approach to reforming retaliatory eviction statutes would place the burden on the landlord to show that the tenant being evicted after reporting substandard conditions was in arrears on her rent for a greater amount or for a longer time than other tenants the landlord has chosen not to evict.
Bradley's retaliatory eviction claim was analyzed as a mixed motive case because Bradley provided direct evidence of retaliation.
the availability of retaliatory eviction therefore encourages unscrupulous landlords to seek out the most vulnerable who are far less likely to complain about poor conditions and standards of management."
To do otherwise, Judge Evans said, would be contrary to the intent of the legislature when it enacted the Pet Law to protect pet owners from retaliatory eviction and to safeguard the health and welfare of tenants under the circumstances outlined in the law.
Putting an end to retaliatory evictions is a good place to start."
"We would like to see it include factors such as explicit protection for tenants from retaliatory evictions, greater motivation for landlords to offer longer-term, more secure tenancies, and regulation of agents fees and charges.
"I have even brought this issue to the attention of the housing minister in a meeting where we discussed how we can end retaliatory evictions in the UK."
The Council went on to state that since it was necessary to protect pet owners from retaliatory evictions that this provision was adopted.
One more thing too - under the changes, local authorities now have the power to block a Section 21 Notice from being issued in specific circumstances in an attempt to prevent retaliatory evictions.