Can a landlord retaliate against a tenant for complaining?

It depends on the state. Seayora holds a published statute for 38 states and the District of Columbia. The table below gives the figure for each, with the statute it comes from.

Retaliation period, state by state

StateRetaliation periodSource
AlabamaProhibited; no set periodAla. Code § 35-9A-501
AlaskaProhibited; no set periodAlaska Stat. § 34.03.310
ArizonaPresumed within 6 monthsA.R.S. § 33-1381
CaliforniaBarred for 180 daysCal. Civ. Code § 1942.5
ColoradoProhibited; no set periodC.R.S. § 38-12-509
ConnecticutBarred for 6 monthsConn. Gen. Stat. §§ 47a-20, 47a-20a
DelawarePresumed within 90 days25 Del. C. § 5516
District of ColumbiaPresumed within 6 monthsD.C. Code § 42-3505.02
FloridaProhibited; no set periodFla. Stat. § 83.64
GeorgiaPresumed within 3 monthsO.C.G.A. § 44-7-24
HawaiiProhibited; no set periodHaw. Rev. Stat. § 521-74
IllinoisPresumed within 1 year765 ILCS 721/5, 721/20
IowaPresumed within 1 yearIowa Code § 562A.36
KansasProhibited; no set periodK.S.A. § 58-2572
KentuckyPresumed within 1 year (URLTA areas)KRS § 383.705; KRS § 383.500
MainePresumed within 6 months14 M.R.S. § 6001
MarylandProtected for 6 monthsMd. Code, Real Prop. § 8-208.1
MassachusettsPresumed within 6 monthsM.G.L. c. 186, § 18
MichiganPresumed within 90 daysMCL 600.5720
MinnesotaPresumed within 90 daysMinn. Stat. §§ 504B.285, 504B.441
MontanaPresumed within 6 monthsMont. Code § 70-24-431
NebraskaProhibited; no set periodNeb. Rev. Stat. § 76-1439
NevadaProhibited; no set periodNRS 118A.510
New HampshirePresumed within 6 monthsRSA 540:13-a, 540:13-b
New JerseyPresumed; no time limitN.J.S.A. 2A:42-10.10; N.J.S.A. 2A:42-10.12
New MexicoProtected for 6 monthsN.M. Stat. § 47-8-39
New YorkPresumed within 1 yearN.Y. Real Prop. Law § 223-b
North CarolinaProtected for 12 monthsN.C. Gen. Stat. § 42-37.1
OhioProhibited; no set periodOhio Rev. Code § 5321.02
OregonProhibited; no set periodORS 90.385
Rhode IslandPresumed within 6 monthsR.I. Gen. Laws § 34-18-46
South CarolinaProhibited; no set periodS.C. Code § 27-40-910
South DakotaProtected for 180 daysSDCL § 43-32-27
TennesseeProhibited; no set period (URLTA counties)Tenn. Code §§ 66-28-514, 66-28-102
TexasBarred for 6 monthsTex. Prop. Code §§ 92.331, 92.332
VermontPresumed within 90 days9 V.S.A. § 4465
VirginiaProhibited; no set periodVa. Code § 55.1-1258
WashingtonPresumed within 90 daysRCW 59.18.240, 59.18.250
WisconsinProhibited; no set periodWis. Stat. § 704.45

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

Only states where Seayora holds a published statute appear above. Where no statute is recorded, no figure is shown rather than a guess.

The answer in full, for the biggest rental markets

Can a landlord retaliate against a tenant for complaining in California?

No. In California, a landlord may not recover possession, raise the rent or cut services within 180 days after a tenant who is current on rent makes a good-faith repair request, complains to a government agency about habitability, or wins a habitability case, and threatening to report a tenant to immigration authorities is retaliation. A tenant may use the 180-day protection once in any 12 months, and a landlord who states a good-faith reason in the notice may still act within the period. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is Cal. Civ. Code § 1942.5.

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Can a landlord retaliate against a tenant for complaining in Texas?

No. In Texas, for six months after a tenant in good faith exercises a legal right, gives a repair notice, complains to a code agency or utility, or joins a tenant organization, a landlord may not retaliate by filing an eviction, cutting services, raising the rent or ending the lease. An eviction is not retaliation if the tenant is behind on rent, damaged the property, threatened someone’s safety, or materially breached the lease. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is Tex. Prop. Code §§ 92.331, 92.332.

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Can a landlord retaliate against a tenant for complaining in Florida?

No. In Florida, it is unlawful for a landlord to single a tenant out for a rent increase or a cut in services, or to bring or threaten an eviction, primarily to retaliate against a tenant who acted in good faith, such as by complaining to a code agency, joining a tenant organization, giving the landlord a repair notice, or exercising fair housing rights. No period of presumed retaliation applies, and the defense fails if the landlord proves the eviction is for good cause, such as nonpayment of rent. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is Fla. Stat. § 83.64.

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Can a landlord retaliate against a tenant for complaining in New York?

No. In New York, a landlord may not serve a notice to quit, start an eviction or substantially change the tenancy, including refusing to renew, in retaliation for a good-faith complaint about health, safety or habitability or for tenant organizing, and doing so within one year after the complaint or a resulting inspection or order is presumed retaliatory. The section does not apply to owner-occupied buildings with fewer than four units. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is N.Y. Real Prop. Law § 223-b.

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Can a landlord retaliate against a tenant for complaining in Illinois?

No. In Illinois, since January 1, 2025, a landlord may not knowingly end a tenancy, raise the rent, cut services, sue or threaten to sue for possession, or refuse to renew because a tenant acted in good faith to report code violations or exercise protected rights, and evidence of protected activity within one year before the landlord’s action creates a rebuttable presumption of retaliation. A tenant who proves retaliation may recover two months’ rent or twice their damages, whichever is greater, plus attorney’s fees. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is 765 ILCS 721/5, 721/20.

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Can a landlord retaliate against a tenant for complaining in Ohio?

No. In Ohio, a landlord may not retaliate by raising the rent, cutting services, or bringing or threatening an eviction because a tenant complained to a government agency about a health or safety code violation, complained to the landlord about a required repair, or joined other tenants to bargain collectively. A tenant may use retaliation as a defense to an eviction or end the lease, and the statute sets no period of presumed retaliation. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is Ohio Rev. Code § 5321.02.

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Can a landlord retaliate against a tenant for complaining in Georgia?

No. In Georgia, a tenant makes a prima facie case of retaliation by showing the landlord filed an eviction, raised the rent, cut services or took a similar action within three months after the tenant acted in good faith to report or request repairs of a health or safety problem or to exercise a legal right. Retaliation is a defense to the eviction, and the tenant may recover one month’s rent plus $500, but a tenant who is behind on rent cannot rely on it. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is O.C.G.A. § 44-7-24.

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Can a landlord retaliate against a tenant for complaining in North Carolina?

No. In North Carolina, a tenant may defend an eviction as retaliatory by showing it was substantially in response to a good-faith repair request, code complaint, government complaint, attempt to enforce rights, or tenant organizing that occurred within 12 months before the case was filed. The landlord still prevails if the tenant breached the lease, such as by not paying rent, among other listed exceptions. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is N.C. Gen. Stat. § 42-37.1.

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How Seayora uses this rule

When an owner prepares an eviction in Seayora, it lists any repair request opened on the unit in the last 180 days that is still open, not to stop the case but because the tenant will raise retaliation and the owner should have an answer. Every repair request keeps the date it was filed.

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