RETALIATORY EVICTION

Removing the tenant or merely commencing a suit to remove the tenant for eviction as a result of the tenant complaining about the conditions of the premises or other complaints concerning the landlord. When a landlord retaliates against a tenant and begins an eviction proceeding after the tenant has taken some action (typically a tenant remedy) that angers the landlord. For example, a tenant might complain to the department of health concerning mold in the building and, in response, the landlord may shut off the tenants water for several days at a time which in return leads the tenant to withhold rent and bring about an eviction proceeding. Several states recognize retaliatory eviction as a defense against an eviction proceeding.