What Is A Retaliatory Eviction?

Retaliatory eviction arises when the eviction is intended to punish the tenant because the tenant committed a legal act. It is illegal for a landlord to retaliate against a tenant California tenant who has exercised a legal right, including:

• complaining to the landlord about unsafe or illegal living conditions

• complaining to a government agency, such as a building or health inspector, about unsafe or illegal living conditions

• assembling and presenting your views collectively—for example, by joining or organizing a tenant union

• exercising a legal right allowed by your state or local law, such as withholding rent for an uninhabitable unit, or

• terminating a tenancy based on tenants’ (or their associates’) immigration or citizenship status.

The kinds of retaliatory acts covered by California law include terminating a tenancy or filing an eviction lawsuit; increasing the rent; or decreasing services, such as locking the laundry room. California landlords also cannot disclose or threaten to disclose to any government authority information regarding tenants’ or occupants’ immigration or citizenship status for the purpose of retaliating.

California state law presumes retaliation if the landlord acts in these types of negative ways within 180 days of the date that a tenant has exercised a legal right, such as complaining to the landlord about an unsafe condition in the apartment.

How May A Tenant Respond To A Retaliatory Eviction?

There are multiple ways a tenant can respond to the retaliation, such as by staying and fighting an eviction lawsuit or filing a suit in small claims court. In other words, retaliatory eviction is both an affirmative defense as well as a separate cause of action. Attorney’s fees and costs are available to the prevailing party under Civil Code section 1942.5(i).

Who Has The Burden To Prove Retaliatory Eviction?

The tenant has the initial burden of proving the retaliatory motive for the eviction. To meet the burden of a retaliatory eviction under one of the above reasons, the tenant must be able to show that the tenant either repaired or deducted or complained to a government agency, or sued/obtained judgment against the landlord regarding a habitability issue. The tenant must also show that the landlord terminated the eviction before expiration of the 180-day period following the tenant’s legal actions. Finally, the tenant must prove that they are not behind in their rent.

Once the tenant meets the burden of showing a retaliatory motive, the burden shifts to the landlord to show that the eviction was not based on a retaliatory motive. The landlord can still evict for a “good faith” reason. It is good practice for the landlord to state the reason for the eviction in the termination notice, even if not required to do so by statute.

Sometimes retaliatory eviction is proved with direct evidence of retaliation in response to protected conduct (e.g., “I’ll triple your rent if you complain to the authorities that the unit is uninhabitable”.) In other cases, it may be proved with indirect evidence, for example where the tenant can show he was targeted for eviction because his or her rent is lower than all other rents in the landlord’s building, or because he has lived in the building the longest.

What Damages Are Available To A Tenant Who Proves Retaliatory Eviction?

If a retaliatory eviction is proven, the landlord may be held responsible for actual damages, punitive damages, and attorneys’ fees. (Cal. Civ. Code § 1940.35 (2020).)

Please contact Lynx Legal Service with any questions on the above issues or if you are ready to start a case. We can be reached at 888-441-2355 or by email at [email protected]. Our experienced representatives are standing by to answer any inquiries you may have.