Can My Landlord Evict or Punish Me for Complaining?
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Your landlord is not allowed to punish you for complaining about housing conditions. The law has some protections for renters who speak up.
One important thing to know first: Even if your landlord is retaliating against you, they can still evict you if you are behind on rent. Staying current on rent is the most important thing you can do to protect yourself while you fight back.
This article explains what retaliation is, when it is illegal, and what you can do about it.
What is retaliation?
Retaliation is when a landlord punishes a tenant for doing something the law protects. It can look like:
- Ending your lease or refusing to renew it.
- Raising your rent.
- Taking other actions to make your life harder.
When is retaliation illegal?
Your landlord cannot punish you because you:
- Complained about your home to the health department or code enforcement.
- Joined or helped start a tenants' association.
- Complained that your landlord is not following rental housing laws.
- Testified against your landlord in court.
If you did one of these things, your landlord knew about it, and then they punished you, that may be illegal retaliation.
How do I prove retaliation?
Retaliation can be hard to prove in court. That is why collecting evidence is so important.
Save anything that shows what happened:
- Letters or emails from your landlord.
- Text messages with your landlord.
- Reports you made to government offices about your home or landlord.
- Names of people who saw or heard what your landlord did and who are willing to talk about it.
What should I do if I think my landlord is retaliating?
Contact legal aid to find out if they can help you fight it. Visit virginialawhelp.org/find-legal-help or call 866-LEGLAID (866-534-5243).
You can also:
- Ask a lawyer online for free: virginia.freelegalanswers.org.
- Get a low-cost consultation from Virginia Lawyer Referral Service if you do not qualify for free legal aid. Visit vsb.org/Site/VLRS/Public/Referral-1.aspx or call 800-552-7977.