State Laws Prohibiting Landlord Retaliation

In most states, landlords cannot retaliate against a tenant for exercising a legal right. Here's a synopsis of those laws.

Updated by , Attorney · UC Berkeley School of Law

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.)

State Laws Prohibiting Landlord Retaliation

AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyoming

Alabama

Statute: Ala. Code § 35-9A-501

Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant is involved in tenants' organization.

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Alaska

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.

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Arizona

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.

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Arkansas

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.

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California

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.

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Colorado

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.

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Connecticut

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.

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Delaware

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.

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District of Columbia

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.

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Florida

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.

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Georgia

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.

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Hawaii

Statute: Haw. Rev. Stat. § 521-74

Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant exercises a legal right.

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Idaho

Statute: No statute, but Idaho courts have recognized retaliation as a defense to evictions. Wright v. Brady, 889 P.2d 105 (Idaho. App. 1995)

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Illinois

Statute: 765 Ill. Comp. Stat. § 720/1

Retaliation is prohibited when: Tenant complains to landlord or government agency.

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Indiana

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.

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Iowa

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.

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Kansas

Statute: Kan. Stat. § 58-2572

Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant is involved in tenants' organization.

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Kentucky

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.

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Louisiana

No statute

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Maine

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.

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Maryland

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.

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Massachusetts

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.

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Michigan

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.

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Minnesota

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.

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Mississippi

Statute: Miss. Code §§ 89-8-9, 89-8-17

Retaliation is prohibited when: Tenant exercises a legal right.

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Missouri

No statute

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Montana

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.

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Nebraska

Statute: Neb. Rev. Stat. § 76-1439

Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant is involved in tenants' organization.

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Nevada

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.

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New Hampshire

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.

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New Jersey

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.

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New Mexico

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.

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New York

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.

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North Carolina

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.

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North Dakota

No statute

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Ohio

Statute: Ohio Rev. Code § 5321.02

Retaliation is prohibited when: Tenant complains to landlord or government agency or tenant is involved in tenants' organization.

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Oklahoma

No statute

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Oregon

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.

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Pennsylvania

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.

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Rhode Island

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.

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South Carolina

Statute: S.C. Code § 27-40-910

Retaliation is prohibited when: Tenant complains to landlord or government agency.

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South Dakota

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.

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Tennessee

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.

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Texas

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.

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Utah

Case law: Building Monitoring Sys. v. Paxton, 905 P.2d 1215 (Utah 1995)

Retaliation is prohibited when: Tenant complains to landlord or government agency.

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Vermont

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.

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Virginia

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.

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Washington

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.

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West Virginia

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.

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Wisconsin

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.

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Wyoming

No statute

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Updated: December 22, 2023

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