Retaliatory Eviction
An eviction or lease non-renewal taken by a landlord in response to a tenant's exercise of a legal right — such as requesting repairs, complaining to a housing authority, or organizing with other tenants. Prohibited by Cal. Civ. Code § 1942.5.
Also known as: retaliatory termination, retaliatory notice
Definition
Retaliatory eviction occurs when a landlord terminates or threatens to terminate a tenancy, or takes other adverse action, in response to a tenant's exercise of a legal right protected under housing, health, or safety law.
Statutory Protection
Cal. Civ. Code § 1942.5(a) prohibits a landlord from retaliating against a tenant for exercising any of the following rights:
- Complaining to the landlord about habitability defects
- Filing a complaint with a government agency (building department, health department, housing authority)
- Instituting or participating in any proceeding or negotiation regarding tenancy rights
- Organizing or participating in a tenant association
Presumption of Retaliation
Under § 1942.5(d), if a landlord serves a notice to quit or brings an action to evict within 180 days of a tenant's protected activity, there is a rebuttable presumption that the action is retaliatory. The landlord must then produce evidence of a non-retaliatory reason.
Tenant Remedies
A tenant prevailing on a retaliation claim may recover:
- Actual damages
- Punitive damages (up to $2,000 per retaliatory act under § 1942.5(h))
- Attorney fees and costs
Federal Analog
The Housing and Community Development Act of 1992 (42 U.S.C. § 13664) prohibits retaliation against tenants in federally assisted housing who report housing quality or safety violations to government authorities.
Sources
- Cal. Civ. Code § 1942.5, California Leginfo —
ca-leginfo - 42 U.S.C. § 13664, Cornell LII —
cornell-lii
Frequently asked questions
Statutory Protection
Cal. Civ. Code § 1942.5(a) prohibits a landlord from retaliating against a tenant for exercising any of the following rights: Complaining to the landlord about habitability defects Filing a complaint with a government agency (building department, health department, housing authority) Instituting or participating in any proceeding or negotiation regarding tenancy rights Organizing or participating in a tenant association
Presumption of Retaliation
Under § 1942.5(d), if a landlord serves a notice to quit or brings an action to evict within 180 days of a tenant's protected activity, there is a rebuttable presumption that the action is retaliatory. The landlord must then produce evidence of a non-retaliatory reason.
What remedies are available under Retaliatory Eviction?
A tenant prevailing on a retaliation claim may recover: Actual damages Punitive damages (up to $2,000 per retaliatory act under § 1942.5(h)) Attorney fees and costs
Federal Analog
The Housing and Community Development Act of 1992 (42 U.S.C. § 13664) prohibits retaliation against tenants in federally assisted housing who report housing quality or safety violations to government authorities.
Sources
Cal. Civ. Code § 1942.5, California Leginfo — ca-leginfo U.S.C. § 13664, Cornell LII — cornell-lii