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Retaliatory Eviction

Retaliatory eviction occurs when a landlord attempts to evict a tenant in response to a legal action taken by the tenant. Examples of actions taken by tenants that sometimes result in retaliatory eviction include filing written complaints or lawsuits against a landlord, or becoming a member of a tenant's organization. Most states have specific laws outlawing retaliatory eviction, however a tenant may have to prove in court that a landlord's conduct was retaliatory. In some cases, the law may assume retaliatory conduct on the landlord's part if the tenant engaged in certain activities within a specified amount of time. The burden would then be on the landlord to prove that his conduct was not retaliatory, and that that the eviction was reasonable and legal. Local laws may allow a tenant who has been the victim of retaliatory eviction to sue for both actual and punitive damages in addition to attorney fees.

Fast Facts

  • In San Diego, CA, the maximum penalty for retaliatory eviction is $2,000.
  • Other states may require landlords to pay tenants up to two times the monthly rent plus court fees in the event of retaliatory eviction.

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  • Eviction Notice

    A landlord cannot evict a tenant without following the local and state eviction law exactly. Otherwise, the ev...
    • Site: landlordtenantlawfirms.com
    • 2 of 2 user(s) found this useful
  • Obligations of a Landlord

    There's a lot more to being a landlord than collecting rent.  The laws of each state set forth a landlord's le...
    • Site: realestatelawyers.com
    • 4 of 6 user(s) found this useful
  • Ending Tenancy of a Rental Unit

    When you are ready to move out, and your lease is up, then moving out is pretty straightforward. However, ther...
    • Site: lawfirms.com
    • 4 of 6 user(s) found this useful
  • Separation and Alimony

    Under North Carolina's new alimony law, the trial judge may now consider an award of spousal support without a...
    • Site: divorcenet.com

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  • Landlord Victorious in Peeps Trial

    I somehow failed to notice that the Peeps eviction case had gone to trial in Boulder, Colorado, but I have now...
    • Site: feedproxy.google.com
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