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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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The Uniform Residential Landlord and Tenant Act, also known as URLTA, is a sample law governing residential landlord and tenant interactions, created in 1972 by the National Conference of Commissioners on Uniform State Laws in the United States. Many states have adopted all or part of this Act. [1]
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The tenant can ask the court to issue a restraining order, file a criminal complaint against the landlord, or sue him/her for money damages and attorney's fees. Because of these options for recourse, it may be to the tenant's advantage to complain about code violations in writing before the landlord issues a notice of eviction or a rent increase.
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