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.

References in periodicals archive ?
What Desmond's work teaches us, though, is that we have a retaliatory eviction doctrine as implemented that is close to meaningless as a way of promoting more habitable conditions and validating the IWH.
One possible solution to this problem would be to simply modify the state retaliatory eviction statutes to prohibit retaliatory eviction in all cases where a tenant complained about a code violation regardless of whether she was behind in her rent at the time of her complaint.
Bradley's retaliatory eviction claim was analyzed as a mixed motive case because Bradley provided direct evidence of retaliation.
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.