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In addition, anyone convicted of retaliatory eviction could be sentenced to up to one year in jail. The judge could choose to impose a fine, jail time or both. Contact Tim Hrenchir at threnchir ...
If the landlord cannot show that there was a non-retaliatory reason for taking action against the tenant, then the courts can award damages to the tenant who made the initial complaint.
In the case Imperial Colliery Co. v. Fout, [8] the West Virginia Supreme Court reaffirmed that retaliatory eviction was a valid defense against eviction, but added the condition that the retaliation must be against a tenant's exercise of a right incidental to their tenancy. Therefore, a defense of retaliatory eviction did not exist for a tenant ...
Thus, it is illegal for a landlord to evict a tenant based on any of these characteristics. Additionally, landlords cannot evict tenants who have filed a fair housing complaint or discrimination lawsuit against them. [2] Tenants also have the right to report housing code violations without the risk of retaliatory evictions.
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 ...
In an eviction process, a tenant may raise a defense that the action was brought in retaliation for organizing or joining a tenants union. Any person who retaliates against a tenant for their tenant union activities is liable for damages. Tenants of manufactured home parks and public housing developments have additional rights. Michigan: 2
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