Retaliatory Eviction Defense

Purpose

This document provides templates and guidance for tenants facing eviction or other adverse actions that appear to be retaliation for exercising their legal rights. Most states prohibit landlords from retaliating against tenants who complain about conditions, report code violations, organize with other tenants, or exercise other legal rights.

What is Retaliatory Eviction?

Retaliatory eviction occurs when a landlord attempts to evict a tenant (or takes other adverse action) in response to the tenant exercising a legal right. Common triggers include:

• Complaining about needed repairs
• Reporting code violations to housing authorities
• Filing a complaint with a government agency
• Withholding rent for habitability issues
• Organizing or joining a tenant organization
• Testifying in legal proceedings against the landlord
• Exercising rights under the lease or law

PROTECTED ACTIVITIES (Typical)

Complaints and Reports

☐ Complaining to landlord about repair needs
☐ Reporting code violations to housing inspector
☐ Filing complaint with housing authority
☐ Reporting health/safety hazards to government agencies
☐ Calling police for legitimate reasons

Legal Actions

☐ Filing lawsuit against landlord
☐ Withholding rent under state law
☐ Using repair-and-deduct remedy
☐ Filing rent escrow action
☐ Testifying in housing court proceedings
☐ Providing evidence in legal proceedings

Tenant Organizing

☐ Organizing a tenant association
☐ Joining a tenant organization
☐ Attending tenant meetings
☐ Communicating with other tenants about building issues

Other Protected Activities

☐ Requesting reasonable accommodations (disability)
☐ Exercising rights under the lease
☐ Exercising rights under rent control/stabilization
☐ Serving on a jury
☐ Voting or political activity

STATE-BY-STATE RETALIATION PROTECTIONS

States with Strong Protections (Presumption of Retaliation)

States with Limited or No Protection

PROVING RETALIATION

Elements to Establish:

1. Protected Activity: You engaged in a protected activity (complaint, report, lawsuit, etc.)

2. Timing: The landlord's adverse action occurred within the protected period after your protected activity

3. Adverse Action: The landlord took action against you (eviction notice, rent increase, reduction of services, harassment)

4. Causal Connection: The adverse action was motivated by your protected activity

Presumption of Retaliation:

In most states, if adverse action occurs within the protected period after protected activity, retaliation is presumed. This shifts the burden to the landlord to prove a legitimate, non-retaliatory reason.

Landlord's Potential Defenses:

The landlord may try to prove:
- Legitimate business reason (e.g., non-payment of rent unrelated to withholding)
- Lease violation unrelated to protected activity
- Sale of property or other circumstance
- The adverse action was planned before the protected activity

TEMPLATE 1: ANSWER TO EVICTION WITH RETALIATION DEFENSE

[Note: Court forms vary by jurisdiction. Use your local court's answer form if available.]

[COURT NAME]
[COUNTY], [STATE]

[LANDLORD NAME],
Plaintiff/Petitioner,

v.

[YOUR NAME],
Defendant/Respondent.

Case No.: [NUMBER]

ANSWER AND AFFIRMATIVE DEFENSE OF RETALIATION

Defendant [YOUR NAME] answers Plaintiff's Complaint/Petition for Eviction as follows:

I. GENERAL DENIAL

1. Defendant denies each and every allegation in Plaintiff's Complaint not specifically admitted herein.

II. SPECIFIC RESPONSES

[Respond to each numbered paragraph in the landlord's complaint]

2. Responding to Paragraph 1: ☐ Admit / ☐ Deny / ☐ Lack sufficient information
   [If denying, state why]

3. Responding to Paragraph 2: ☐ Admit / ☐ Deny / ☐ Lack sufficient information
   [If denying, state why]

[Continue for all paragraphs]

III. AFFIRMATIVE DEFENSE: RETALIATION

Defendant asserts the affirmative defense of retaliation pursuant to [STATE STATUTE]:

Protected Activity:

4. On or about [DATE], Defendant engaged in the following protected activity:

☐ Complained to Plaintiff/landlord about [DESCRIBE REPAIR NEED/CONDITION]
☐ Reported housing code violations to [AGENCY] on [DATE]
☐ Filed a complaint with [AGENCY] on [DATE]
☐ Withheld rent pursuant to [STATE] law due to [CONDITIONS]
☐ Requested reasonable accommodation for disability on [DATE]
☐ Joined/organized tenant association on [DATE]
☐ Testified/provided evidence in [CASE/PROCEEDING] on [DATE]
☐ Other protected activity: [DESCRIBE]

5. Defendant's protected activity is documented by:
   [LIST DOCUMENTS - complaint letters, inspection reports, etc.]

Adverse Action:

6. Within [NUMBER] days of Defendant's protected activity, Plaintiff took the following adverse action:

☐ Served notice to terminate tenancy on [DATE]
☐ Served eviction notice on [DATE]
☐ Raised rent from $[AMOUNT] to $[AMOUNT]
☐ Reduced services by [DESCRIBE]
☐ Threatened eviction
☐ Refused to renew lease
☐ Harassed Defendant by [DESCRIBE]
☐ Other adverse action: [DESCRIBE]

Timing and Presumption:

7. The adverse action occurred within [NUMBER] days of Defendant's protected activity.

8. Under [STATE] law, adverse action within [NUMBER] days of protected activity creates a presumption of retaliation.

9. Therefore, this eviction is presumptively retaliatory, and Plaintiff bears the burden of proving a legitimate non-retaliatory reason for the eviction.

No Legitimate Reason:

10. Plaintiff cannot establish a legitimate, non-retaliatory reason for this eviction because:

☐ Defendant's rent is current
☐ Defendant has not violated the lease
☐ Plaintiff never complained about Defendant's conduct until after the protected activity
☐ Plaintiff has not evicted other tenants for similar alleged violations
☐ The stated reason is pretextual because [EXPLAIN]
☐ Other: [EXPLAIN]

IV. ADDITIONAL AFFIRMATIVE DEFENSES

[Include other applicable defenses]

Warranty of Habitability (If Applicable):

11. ☐ Plaintiff has breached the implied warranty of habitability by failing to maintain the premises in habitable condition, specifically: [DESCRIBE CONDITIONS]

Improper Notice (If Applicable):

12. ☐ Plaintiff failed to provide proper notice as required by [STATE] law because: [EXPLAIN]

Waiver (If Applicable):

13. ☐ Plaintiff waived the right to evict based on the alleged grounds by: [EXPLAIN - e.g., accepting rent after alleged violation]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss Plaintiff's complaint/petition with prejudice;

2. Award Defendant actual damages for Plaintiff's retaliation in the amount of $[AMOUNT];

3. Award statutory damages of $[AMOUNT] as provided by [STATE] law;

4. Award Defendant reasonable attorney's fees and costs;

5. Enjoin Plaintiff from further retaliation;

6. Grant such other relief as the Court deems just and proper.

VI. JURY DEMAND (If Applicable)

☐ Defendant demands a trial by jury on all issues so triable.

Dated: [DATE]

_______________________________
[YOUR NAME], Defendant (Pro Se)
[ADDRESS]
[PHONE]
[EMAIL]

CERTIFICATE OF SERVICE

I certify that on [DATE], I served a copy of this Answer on Plaintiff by:
☐ Certified mail to [ADDRESS]
☐ Hand delivery to [ADDRESS]
☐ [OTHER METHOD AS ALLOWED BY COURT RULES]

_______________________________
[YOUR NAME]

TEMPLATE 2: PRE-EVICTION LETTER - WARNING AGAINST RETALIATION

[Send this if you anticipate retaliation after exercising your rights]

[YOUR NAME]
[YOUR ADDRESS]
[CITY, STATE ZIP]
[EMAIL]
[PHONE]

[DATE]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[LANDLORD NAME]
[ADDRESS]
[CITY, STATE ZIP]

RE: Notice Regarding Anti-Retaliation Protections
Property Address: [YOUR RENTAL ADDRESS]

Dear [LANDLORD NAME]:

On [DATE], I [exercised my legal right by / engaged in the following protected activity]:

☐ Submitted a written complaint regarding [DESCRIBE REPAIR NEEDS/CONDITIONS]
☐ Reported code violations to [AGENCY]
☐ Filed a complaint with [AGENCY]
☐ Requested a reasonable accommodation for my disability
☐ [OTHER PROTECTED ACTIVITY]

I am writing to remind you that [STATE] law prohibits landlord retaliation against tenants who exercise their legal rights.

ANTI-RETALIATION LAW

Under [STATE] law ([CITE STATUTE]), it is unlawful for a landlord to retaliate against a tenant by:

• Terminating or threatening to terminate the tenancy
• Increasing rent
• Decreasing services
• Filing or threatening to file an eviction action
• Harassing or intimidating the tenant

PRESUMPTION OF RETALIATION

Under [STATE] law, if you take any adverse action against me within [NUMBER] days of my protected activity, your action will be presumed to be retaliatory. This means you would bear the burden of proving in court that your action was not motivated by retaliation.

CONSEQUENCES OF RETALIATION

If you retaliate against me, I may be entitled to:

• Defense to eviction
• Actual damages
• Statutory penalties of [AMOUNT/MULTIPLIER]
• Attorney's fees and costs
• Injunctive relief

REQUEST

I trust you will comply with the law and refrain from any retaliatory conduct. I remain willing to work with you to address the issues I have raised through appropriate channels.

Please consider this letter documentation of my protected activity and this notice regarding anti-retaliation protections.

Sincerely,

_______________________________
[YOUR NAME]

cc: Personal file

TEMPLATE 3: MOTION TO DISMISS FOR RETALIATION

[Use if you want to seek dismissal before trial]

[COURT NAME]
[COUNTY], [STATE]

[LANDLORD NAME],
Plaintiff,

v.

[YOUR NAME],
Defendant.

Case No.: [NUMBER]

DEFENDANT'S MOTION TO DISMISS BASED ON RETALIATION

Defendant [YOUR NAME] moves this Court to dismiss Plaintiff's eviction action on the grounds that it constitutes unlawful retaliation in violation of [STATE STATUTE].

STATEMENT OF FACTS

1. Defendant is the tenant at [ADDRESS] pursuant to a [lease agreement / month-to-month tenancy] that began on [DATE].

2. On [DATE], Defendant engaged in the following protected activity: [DESCRIBE]

3. On [DATE], just [NUMBER] days later, Plaintiff served Defendant with [NOTICE TYPE].

4. Prior to Defendant's protected activity, Plaintiff had never [complained about Defendant / attempted to terminate the tenancy / raised rent / etc.].

LEGAL ARGUMENT

5. [STATE] law, [CITE STATUTE], prohibits landlords from retaliating against tenants who exercise their legal rights.

6. Under [STATE] law, when adverse action occurs within [NUMBER] days of protected activity, retaliation is presumed.

7. Here, Plaintiff's eviction action was filed just [NUMBER] days after Defendant's protected activity, creating a presumption of retaliation.

8. Plaintiff cannot overcome this presumption because:
   a. Defendant has no history of the alleged problems prior to the protected activity
   b. Defendant's rent is current
   c. The timing strongly suggests retaliatory motive
   d. [OTHER REASONS]

CONCLUSION

Because this eviction action is retaliatory, it is barred by [STATE] law and must be dismissed.

WHEREFORE, Defendant requests that this Court:
1. Dismiss Plaintiff's complaint with prejudice
2. Award Defendant attorney's fees and costs
3. Grant such other relief as is just

Dated: [DATE]

_______________________________
[YOUR NAME], Defendant

EVIDENCE TO GATHER

Document Protected Activity:

☐ Copies of complaint letters to landlord (with delivery proof)
☐ Copies of complaints filed with government agencies
☐ Inspection reports from housing authorities
☐ Court filings (rent escrow, etc.)
☐ Communications about tenant organizing
☐ Any documents showing you exercised legal rights

Document Timeline:

☐ Date of each protected activity
☐ Date landlord received notice of protected activity
☐ Date of adverse action (eviction notice, rent increase, etc.)
☐ Number of days between protected activity and adverse action

Document Lack of Prior Problems:

☐ Rent payment records showing on-time payment
☐ Previous positive communications from landlord
☐ Lease renewals or rent receipts showing good standing
☐ Absence of prior complaints from landlord

Document Landlord's Knowledge:

☐ Proof landlord knew of your protected activity
☐ Landlord's response to your complaints
☐ Any statements by landlord suggesting retaliatory motive

Witness Information:

☐ Names and contact info of witnesses
☐ Written statements if possible

AT THE HEARING

Your Burden (Initial):

Show that you:
1. Engaged in protected activity
2. Landlord knew about it
3. Landlord took adverse action
4. Within the protected time period

Landlord's Burden (If Presumption Applies):

Landlord must prove:
- Legitimate, non-retaliatory reason for the action
- The action would have occurred regardless of protected activity

Your Response:

Show that landlord's stated reason is:
- Pretextual (not the real reason)
- Inconsistent with past treatment
- Not supported by evidence

POTENTIAL DAMAGES FOR RETALIATION

FREQUENTLY ASKED QUESTIONS

Q: Can I be evicted for a legitimate reason even if I recently complained?
A: Yes, if the landlord can prove the eviction is based on a legitimate, non-retaliatory reason. However, the timing creates a presumption you can use.

Q: What if my landlord says they planned the eviction before I complained?
A: Ask for documentation. If they have no written evidence of planning, this defense is weak.

Q: Can I sue for retaliation even if I win the eviction case?
A: In many states, yes. You may be able to recover damages for the retaliatory filing itself.

Q: What if I'm behind on rent AND complained about conditions?
A: It's more complicated. The landlord has a legitimate reason (non-payment), but you may still have defenses if the withholding was lawful or if the eviction is selective.

DISCLAIMER

This template is provided for informational purposes only and does not constitute legal advice. Retaliation laws and eviction procedures vary significantly by state. If you are facing eviction, seek legal assistance immediately from a local tenant rights organization or attorney. Time limits for responding to eviction notices are often very short.