The laws in most states give tenants legal rights, such as the right to complain to a government agency about unsafe living conditions. Most states prohibit landlords from retaliating against tenants who exercise their legal rights; an example of retaliation would be a landlord terminating the tenancy of someone who complained to a government agency about a major repair problem in the rental. This chart lists tenant rights which are protected from landlord retaliation, and situations in which landlord retaliation is presumed. Depending on the circumstances, a tenant might have several legal options for responding to a landlord's retaliatory actions.
For additional details, see your state statute. (The citation is provided here, and you can visit the Library of Congress's legal research site for links to state statutes.)
Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • District of Columbia • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming
Statute: Ala. Code § 35-9A-501
Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant is involved in tenants' organization.
Statute: Alaska Stat. § 34.03.310
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Statute: Ariz. Rev. Stat. § 33-1381
Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant is involved in tenants' organization.
Retaliation is presumed if landlord performs a negative action within 6 months of tenant's act.
Statute: Ark. Code § 20-27-608
Retaliation is prohibited when: Tenant complains to landlord or government agency. The statute only prohibits retaliation by landlord who has received notice of lead hazards.
Statute: Cal. Civ. Code §§ 1940.35, 1942.5
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Retaliation is presumed if landlord performs a negative action within 180 days of tenant's act.
Statute: Colo. Rev. Stat. §§ 38-12-509, 38-12-1203, 38-12-1205
Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant is involved in tenants' organization.
Statute: Conn. Gen. Stat. §§ 47a-20, 47a-33
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Retaliation is presumed if landlord performs a negative action within 6 months of tenant's act.
Statute: Del. Code tit. 25, § 5516
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Retaliation is presumed if landlord performs a negative action within 90 days of tenant's act.
Statute: D.C. Code §§ 42-3505.02, 42-3505.06
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Retaliation is presumed if landlord performs a negative action within 6 months of tenant's act.
Statute: Fla. Stat. § 83.64
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Statute: Ga. Code § 44-7-24
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Retaliation is presumed if landlord performs a negative action within 3 months of tenant's act.
Statute: Haw. Rev. Stat. § 521-74
Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant exercises a legal right.
Statute: No statute, but Idaho courts have recognized retaliation as a defense to evictions. Wright v. Brady, 889 P.2d 105 (Idaho. App. 1995)
Statute: 765 Ill. Comp. Stat. § 720/1
Retaliation is prohibited when: Tenant complains to landlord or government agency.
Statute: Ind. Code §§ 32-31-8.5-0.5
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Statute: Iowa Code § 562A.36
Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant is involved in tenants' organization.
Retaliation is presumed if landlord performs a negative action within 1 year of tenant's act.
Statute: Kan. Stat. § 58-2572
Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant is involved in tenants' organization.
Statute: Ky. Rev. Stat. § 383.705
Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant is involved in tenants' organization.
Retaliation is presumed if landlord performs a negative action within 1 year of tenant's act.
No statute
Statute: Me. Rev. Stat. tit. 14, §§ 6001, 6021-A
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right. Also when the tenant has complained to a fair housing agency; has informed the landlord that the tenant or tenant's child is a victim of domestic violence, sexual assault, or stalking; or has communicated to the landlord about or has filed a complaint about the landlord's or landlord's agent's act of sexual harassment.
Retaliation is presumed if landlord performs a negative action within 6 months of tenant's act.
Statute: Md. Code Real Prop., 8-208.1, 8-208.2
Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant is involved in tenants' organization.
Retaliation is presumed if landlord performs a negative action within 6 months of tenant's act.
Statute: Mass. Laws ch. 239, § 2A; ch. 186, § 18
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Retaliation is presumed if landlord performs a negative action within 6 months of tenant's act.
Statute: Mich. Comp. Laws § 600.5720
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Retaliation is presumed if landlord performs a negative action within 90 days of tenant's act.
Statute: Minn. Stat. §§ 504B.285, 504B.441
Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant exercises a legal right.
Retaliation is presumed if landlord performs a negative action within 90 days of tenant's act.
Statute: Miss. Code §§ 89-8-9, 89-8-17
Retaliation is prohibited when: Tenant exercises a legal right.
No statute
Statute: Mont. Code § 70-24-431
Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant is involved in tenants' organization.
Retaliation is presumed if landlord performs a negative action within 6 months of tenant's act.
Statute: Neb. Rev. Stat. § 76-1439
Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant is involved in tenants' organization.
Statute: Nev. Rev. Stat. § 118A.510
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Statute: N.H. Rev. Stat. §§ 540:13-a, 540:13-b
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Retaliation is presumed if landlord performs a negative action within 6 months of tenant's act.
Statute: N.J. Stat. §§ 2A:42-10.10, 2A:42-10.12
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Statute: N.M. Stat. § 47-8-39
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Retaliation is presumed if landlord performs a negative action within 6 months of tenant's act.
Statute: N.Y. Real Prop. Law § 223-b
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Retaliation is presumed if landlord performs a negative action within 1 year of tenant's act.
Statute: N.C. Gen. Stat. § 42-37.1
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Retaliation is presumed if landlord performs a negative action within 12 months of tenant's act.
No statute
Statute: Ohio Rev. Code § 5321.02
Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant is involved in tenants' organization.
No statute
Statute: Or. Rev. Stat. § 90.385
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Statute: 68 Pa. Cons. Stat. §§ 250.205, 250.504-A, and 399.11
Retaliation is prohibited when: Tenant is involved in tenants' organization or tenant exercises a legal right.
For exercise of legal rights connected with utility service, retaliation is presumed if landlord performs a negative action within 6 months of tenant's act.
Statute: R.I. Gen. Laws §§ 34-18-46, 34-20-10, and 34-20-11
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Retaliation is presumed if landlord performs a negative action within 6 months of tenant's act.
Statute: S.C. Code § 27-40-910
Retaliation is prohibited when: Tenant complains to landlord or government agency.
Statute: S.D. Codified Laws §§ 43-32-27, 43-22-28
Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant is involved in tenants' organization.
Retaliation is presumed if landlord performs a negative action within 180 days of tenant's act.
Statute: Tenn. Code §§ 66-28-514, 68-111-105
Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant exercises a legal right.
Statute: Tex. Prop. Code § 92.331
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Retaliation is presumed if landlord performs a negative action within 6 months of tenant's act.
Case law: Building Monitoring Sys. v. Paxton, 905 P.2d 1215 (Utah 1995)
Retaliation is prohibited when: Tenant complains to landlord or government agency.
Statute: Vt. Stat. tit. 9, § 4465
Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant is involved in tenants' organization.
Retaliation is presumed if landlord performs a negative action within 90 days of tenant's act.
Statute: Va. Code §§ 55.1-1258, 55.1-1259
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
Statute: Wash. Rev. Code §§ 59.18.240, 59.18.250
Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant exercises a legal right.
Retaliation is presumed if landlord performs a negative action within 90 days of tenant's act.
Cases: Imperial Colliery Co. v. Fout, 373 S.E.2d 489 (1988); Murphy v. Smallridge, 468 S.E.2d 167 (W. Va. 1996)
Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant exercises a legal right.
Statute: Wis. Stat. § 704.45; Wis. Adm. Code § ATCP 134.09 (5)
Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right.
No statute
Updated: December 22, 2023
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