ABA Family Legal Guide

Renting Residential Property

Ending the Landlord-Tenant Relationship

Lease Termination by Landlords

How does the tenant prove that the landlord's conduct was retaliatory?

The tenant has to prove that the landlord knew about the tenant's conduct, such as complaining to the city department in charge of code enforcement. The tenant also needs to prove that the defects complained of were code violations.

The tenant might not have to prove that the conduct was retaliatory. Sometimes, the law assumes that the conduct was retaliatory if the tenant engaged in a protected activity within a specified period of time, sometimes as long as twelve months. The landlord would then have the burden to prove some other valid motive in terminating the lease or increasing the rent. The tenant can further assure legal protection by keeping a log of events and communications pertaining to the landlord's conduct.