In most areas it is illegal to retaliate against a tenant.The landlord may retaliate after a tenant exerts his or her rights.There could be an increase of rent or notification of eviction.You have several options if you think your landlord retaliated against you.Depending on the situation, it is possible to stop the retaliation and possibly recover additional compensation as a penalty.
Step 1: Keep any evidence of the landlord's retaliation.
You need to collect evidence when the landlord retaliates.You may be able to resolve your dispute with the landlord without going to court, but in case, you will need evidence.You should keep copies of any letters or notices that the landlord sends you.Take pictures of living conditions that are bad.If possible, get written statements from other tenants that describe what the landlord did wrong.
Step 2: The landlord's actions are not allowed if the paper trail is started.
If you are lucky, you can point out the error and get your landlord to stop.You will want proof of your communications in writing if your landlord doesn't.Provide the relevant act that your landlord committed and notify him or her that you believe it was a reprisal.List any laws that prohibit that behavior.Inform the landlord that you expect the act to be reversed.If the landlord issued an eviction notice, ask to have it reversed in writing.If the situation is not corrected, you will be able to enforce your rights in the legal system.
Step 3: If you need help, contact a consumer protection or tenants rights agency.
Fair housing agencies and legal aid offices can help tenants protect their rights against unethical landlords in larger cities.If you're looking for such agencies in your area, check your telephone book or use the internet to find them.
Step 4: Get in touch with local officials.
Depending on the severity of the offense, you may need to reach out to the local police, building inspector, or a city attorney's office.You can either file a report or have someone come to your house to investigate the problem.You may be able to convince your landlord to stop taking action if you get these officials involved.Copies of everything should be kept if any of these officials respond or create a report.You should keep a record of when and where you made the contact.You may need this information to file a lawsuit.
Step 5: Consider talking to an attorney.
If your landlord or tenant problem is getting bad enough to go to court, you may want to seek the advice of an attorney.Contact your state bar association's lawyer referral service to find a qualified lawyer.After answering a few questions, you will be put in contact with attorneys in your area.Before you hire an attorney, be sure to ask about fees.Make sure the fee agreement is in writing when you hire the attorney.
Step 6: Get low-cost help.
Law school clinics and legal aid offices can be used if you can't afford an attorney.Law schools allow their students to represent low income people in housing disputes.You can ask about student housing clinics at law schools.Legal aid organizations that take on housing disputes can be found if your law school doesn't offer a housing clinic.Legal aid will give you free legal representation if you qualify.
Step 7: If you need immediate action, request a temporary restraining order.
If the landlord retaliates so that he changes the locks on your apartment, then you need to act immediately.This immediate help is referred to as a Temporary Restraining Order.If your area has a housing court, go to it.If you want to file a complaint for a TRO, you have to go to the Clerk's Office.Ask for the form to be filled out when you talk to the court clerk.You have to provide any evidence you have right away and write out the facts of what happened.A judge will often hear your side of the story and issue a temporary order to allow you into the apartment.You will have to deliver a copy of the order to the landlord and contact the police to enforce it.Within a few days, the court will schedule a second hearing.You will have to give your landlord notice of the hearing.The court will hear from both you and the landlord at that second hearing.There will be witnesses and evidence available at the second hearing.
Step 8: You can file a case in the local housing court.
Some cities have a Housing Court that deals with landlord and tenant issues.You will need to file a complaint in the lowest level trial court.Look up the court system in your local telephone book or online and explain that you are a tenant with a housing issue.The clerk can usually tell you where to file.A simple fill-in form will serve as a complaint in many cases.Be prepared to pay the filing fee if you ask about it.
Step 9: Prepare for your trial or hearing.
You can either do it on your own or hire an attorney.If you want, you can have legal representation for landlord and tenant issues.It's a good idea to get an attorney if the issue is complicated and involves a lot of evidence.In order to present your case logically to the judge or hearing officer, you need to collect your evidence and organize it.Discovery information can be used to make decisions.Depending on the court where you file your complaint, you may be able to submit discovery requests.You should get information from the landlord before the trial in order to understand how he will present his case.
Step 10: You can present your case at the trial or hearing.
Don't expect this to be a full-blown trial like you see in the movies for landlord and tenant disputes.You and the landlord may meet in a conference room with a hearing officer, who may or may not be a judge, and present the two sides of your dispute.The hearing officer will make a decision.
Step 11: Understand your rights as a tenant.
While each state has its own laws, there is a list of basic rights that apply to all renters that cover the search for a place to live as well as your rights while living there.The right against discrimination is included.A landlord can not discriminate on the basis of race, religion, national origin, sex, age, family status, physical or mental disability.If you need a service animal, you have the right to use it.If you have a trained animal service, your landlord can't refuse to rent to you.There is a right to certain information.If a landlord refuses to rent to you for any reason other than your official credit report, he must tell you why.Information from prior landlords can be included in some examples.The law doesn't say that the landlord has to rent to you, but he must tell you the reason, and it may not be one of the protected discrimination issues listed above.The right to live in a home.Basic living conditions must be met in the house or apartment you are renting.The water must be running.There are no holes in the floors.The heat needs to work.It can't be a breeding ground for pests.It doesn't have to be a mansion, but it has to meet basic standards.There is a right to privacy.Unless there is a real emergency, your landlord cannot enter your apartment without your permission.He is expected to give you reasonable advance notice if he needs to make repairs.
Step 12: Understand the local anti-retaliation laws.
Retribution is not allowed in every state.Most states apply the same basic expectations, even though some have broader definitions.If a landlord notifies you that he doesn't want to renew your lease at the end of the month, this could be seen as retaliation.If you have recently exercised your rights as a tenant, your act is illegal.It could be a change in his circumstances that would allow his mother-in-law to move in.If your landlord suddenly files a notice of eviction or a complaint against you to have you evicted soon after you exercise your rights as a tenant, then this is likely to be considered as retaliation.Some evictions are not retaliatory.If you have created a reason to be evicted, please let us know.The landlord's action may be acceptable.If you make a complaint about pests in the apartment and the landlord raises your rent a month later, this is likely to be seen as retaliation.If you've been in the apartment for two years with no rent increase, it's fine.It depends on the specific facts of your case.If your landlord's action comes right after your legal action, it will appear to be more like a form of retaliation and the court will likely rule that way.The court may rule in the landlord's favor if he can explain a valid reason for his actions.
Step 13: There are laws about renting.
If your problem gets really bad, you may need an attorney.There are many online and print resources that you can use to learn more.There are books on renters rights in your library or bookstore.The ”Tenant Rights” from the U.S. Department of Housing and Urban Development contains links to each of the 50 states, with specific information about tenants' rights in each state.”Renting a House or Apartment” at Nolo.com gives useful practical information about things you should expect as a renter.There are links to articles onTenant Rights at Findlaw.com.
Step 14: Retribution should be recognized if it happens.
Understanding your rights is only part of the problem.When you complain about your rights, the landlord takes action against you.If your apartment has a bug problem, you have the right to bring it to your landlord's attention.The problem is solved if he does that.If the landlord raised your rent because you cost him money, this would be illegal.If you complained to the Fair Housing Board about being discriminated against in looking at apartments, the landlord would take you in.So far, so good.It would be retaliation if the utilities were not included in the rent.Suppose you rent an apartment that has peeling paint and the landlord says he will fix it.You don't have a new paint job after six months and you have to pay for it yourself.Your landlord will give you an eviction notice if you don't pay rent.The timing of things looks like the landlord is in violation of the law.