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In American landlord–tenant law, a retaliatory eviction is a substantive defense and affirmative cause of action that can be used by a tenant against a landlord.If a tenant reports sanitary violations or violations of minimum housing standards, the landlord cannot evict the tenant in retaliation for reporting the poor housing conditions.
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A tenant can use retaliatory eviction as both an affirmative defense against an eviction and as a cause of action against a landlord. The defense of retaliatory eviction was first recognized in the D.C. Circuit case Edwards v. Habib. In California, retaliatory eviction is considered an affirmative defense and can be used to defend a case.
Prohibiting eviction without 'just cause' H7960 , introduced by Cruz, would require "good cause" — such as illegal activity, nuisances, and damage — as a condition for an eviction.
In England & Wales Retaliatory eviction legislation has been introduced under the Deregulation Act 2015 under section 33. [ 24 ] [ 25 ] A landlord cannot try to evict a tenant, raise the rent, or change the terms of the tenancy because the tenant has complained in writing to the landlord, or to any government agency, regarding conditions.
Oct. 13—A Manchester landlord and property manager have been charged with violating the Fair Housing Act by attempting to evict a tenant after a complaint was filed against them, according to ...
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