Reference Source

28 records

How long after I complain or request repairs does the law presume my landlord is retaliating if they try to evict me, raise rent, or cut services?

28 records, one fact each. Every value is transcribed from the source that states it and carries the sentence it was taken from: 29 sources across 28 sites, last checked 2026-09-02, due for re-check by 2027-09-02. Every record is listed below, each linking the page its value came from.

Records28
Sources29
Verified
Review by
Licenceunknown

About this data

State-by-state comparison of anti-retaliation statutes that protect tenants who complain about code violations, request repairs, join a tenant organization, or otherwise assert a legal right. Most of these statutes work by burden-shifting: if the landlord raises rent, cuts services, serves a termination notice, or files for eviction within a fixed window after the tenant's protected act, the law presumes the landlord's action is retaliatory and the landlord must prove otherwise. That window is the single most load-bearing number in the statute and it varies sharply by state — Washington sets it at 90 days (RCW 59.18.250), California at 180 days (Civil Code 1942.5), Illinois moved to a full year in its 2025 rewrite (765 ILCS 721/20) — while some states, like Florida, prohibit retaliation but never write a numeric presumption window into the statute at all, leaving the tenant to prove intent case by case. Each record quotes the state's own retaliation statute verbatim: the presumption period (or its absence), the protected activities that trigger it, and the statute citation. Answers 'landlord retaliation presumption period by state', 'how long after I complain can my landlord evict me', 'does my state have a retaliatory eviction presumption'.

The data

StatePresumption periodWhat the presumption doesExample of a protected activityStatute
Arizonasix monthscreates a presumption that the landlord's conduct was in retaliationThe tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safetyA.R.S. 33-1381
California180 daysthe lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 dayshas filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantabilityCivil Code 1942.5
Connecticutsix monthsA landlord shall not maintain an action or proceeding against a tenant to recover possession of a dwelling unit, demand an increase in rent from the tenant, or decrease the services to which the tenant has been entitled within six months afterany municipal agency or official has filed a notice, complaint or order regarding such a violationConn. Gen. Stat. 47a-20
Delaware90 dayssuch conduct shall be presumed to be a retaliatory actThe tenant has organized or is an officer of a tenant’s organization25 Del. C. § 5516
District of Columbia6 monthsthe trier of fact shall presume retaliatory action has been taken, and shall enter judgment in the tenant’s favor unless the housing provider comes forward with clear and convincing evidence to rebut this presumptionOrganized, been a member of, or been involved in any lawful activities pertaining to a tenant organizationD.C. Code § 42-3505.02
FloridaEvidence of retaliatory conduct may be raised by the tenant as a defense in any action brought against him or her for possession.The tenant has complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the premisesFla. Stat. 83.64
Hawaiino action or proceeding to recover possession of the dwelling unit may be maintained against the tenant, nor shall the landlord otherwise cause the tenant to quit the dwelling unit involuntarily, nor demand an increase in rent from the tenant; nor decrease the services to which the tenant has been entitled, afterThe tenant has in good faith requested repairs under section 521-63 or 521-64HRS § 521-74
Illinoisone yearcreates a rebuttable presumption that the landlord's conduct was retaliatoryexercised any right or remedy provided by law765 ILCS 721/20
Iowaone yearcreates a presumption that the landlord’s conduct was in retaliationThe tenant has organized or become a member of a tenants’ union or similar organizationIowa Code § 562A.36
Kansashas a defense in an action against such tenant for possessionthe tenant has organized or become a member of a tenants' union or similar organizationK.S.A. 58-2572
Maine6 monthsthere is a rebuttable presumption that the action was commenced in retaliation against the tenantComplained as an individual, or if a complaint has been made in that individual's behalf, in good faith, of conditions affecting that individual's dwelling unit that may constitute a violation of a building, housing, sanitary or other code, ordinance, regulation or statute14 M.R.S. 6001(3)
Maryland6 monthsA tenant may raise a retaliatory action of a landlord: (i) In defense to an action for possession; or (ii) As an affirmative claim for damages resulting from a retaliatory action of a landlord occurring during a tenancy.Because the tenant has participated in any tenants’ organizationMd. Code, Real Prop. § 8-208.1
Massachusettssix monthsshall create a rebuttable presumption that such notice or other action is a reprisal against the tenant for engaging in such activitiesfor organizing or joining a tenants' union or similar organizationG.L. c. 186, § 18
Michigan90 daysa presumption in favor of the defense of retaliatory termination arisesThat the alleged termination was intended primarily as a penalty for the defendant's complaint to a governmental authority with a report of plaintiff's violation of a health or safety code or ordinanceMCL 600.5720
Minnesota90 daysthe burden of proving that the notice to quit was not served in whole or part for a retaliatory purpose shall rest with the plaintiffthe alleged termination was intended in whole or part as a penalty for the defendant's good faith report to a governmental authority of the plaintiff's violation of a health, safety, housing, or building code or ordinanceMinn. Stat. 504B.285, subd. 2
Nebraskahas a defense in action against him for possessionThe tenant has organized or become a member of a tenants' union or similar organizationNeb. Rev. Stat. 76-1439
Nevadahas a defense in any retaliatory action by the landlord for possessionThe tenant has organized or become a member of a tenant’s union or similar organizationNRS 118A.510
New Hampshire6 monthsa rebuttable presumption that such possessory action was in retaliation of the tenant's action shall be createdThe landlord received notice that the tenant had initiated an action pursuant to RSA 540-ARSA 540:13-b
New Yorkone yeara rebuttable presumption that the landlord is acting in retaliation shall be createdA good faith complaint was made, by or in behalf of the tenant, to the landlord, the landlord's agent or a governmental authority of the landlord's violation of any health or safety law, regulation, code, or ordinanceRPL § 223-b
North Carolina12 monthsa tenant may raise the affirmative defense of retaliatory evictionA good faith attempt to organize, join, or become otherwise involved with, any organization promoting or enforcing tenants' rightsN.C.G.S. § 42-37.1
OhioUse the retaliatory action of the landlord as a defense to an action by the landlord to recover possession of the premisesThe tenant joined with other tenants for the purpose of negotiating or dealing collectively with the landlord on any of the terms and conditions of a rental agreementR.C. 5321.02
Oregonhas a defense in any retaliatory action against the tenant for possessionThe tenant has made any complaint to the landlord that is in good faith and related to the tenancyORS 90.385
Rhode Islandsix (6) monthscreates a presumption that the landlord’s conduct was in retaliationThe tenant has organized or become a member of a tenants’ union or similar organizationR.I. Gen. Laws § 34-18-46
South Carolinathe tenant is entitled to the remedies provided in SECTION 27-40-660 as a defense in any retaliatory action against him for possessionthe tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safetyS.C. Code § 27-40-910
Vermont90 daysthere is a rebuttable presumption that any termination by the landlord is in retaliation for the tenant having reported the noncompliancehas organized or become a member of a tenant’s union or similar organization9 V.S.A. § 4465
Virginiamay assert such retaliation as a defense in any action against him for possessionthe tenant has organized or become a member of a tenant's organizationVa. Code § 55.1-1258
Washingtonninety daysshall create a rebuttable presumption affecting the burden of proof, that the action is a reprisal or retaliatory action against the tenantComplaints or reports by the tenant to a governmental authority concerning the failure of the landlord to substantially comply with any code, statute, ordinance, or regulation governing the maintenance or operation of the premises, if such condition may endanger or impair the health or safety of the tenantRCW 59.18.240; RCW 59.18.250
Wisconsina landlord in a residential tenancy may not increase rent, decrease services, bring an action for possession of the premises, refuse to renew a lease or threaten any of the foregoing, if there is a preponderance of evidence that the action or inaction would not occur but for the landlord’s retaliation against the tenantMaking a good faith complaint about a defect in the premises to an elected public official or a local housing code enforcement agencyWis. Stat. 704.45

Where this came from

Every record above links the page it was taken from and quotes the sentence that states it. These are the 29 sources this dataset was assembled from.

Machine-readable

Set your AI assistant up to use this

Two files and no account. Put this in .mcp.json at the root of your project — Claude Code, Cursor, Windsurf, VS Code and Codex all read that file — and your assistant can look this dataset up instead of recalling it. The server is remote, keyless and read-only.

{
  "mcpServers": {
    "referencesource": {
      "type": "http",
      "url": "https://referencesource.org/mcp"
    }
  }
}

Add to Cursor · or, on the command line: claude mcp add --transport http referencesource https://referencesource.org/mcp --scope project

Then one line in the project's CLAUDE.md or AGENTS.md, so the assistant knows when to reach for it:

When a question needs "Landlord retaliation presumption period by US state", call the referencesource MCP server at https://referencesource.org/mcp (tool `search_records`, dataset_slug `landlord-retaliation-presumption-period-by-state`) instead of answering from memory — every record it returns carries its source URL and a verbatim quote from that page.

What each tool does, and the servers built over single registers: Connect your AI assistant.

28 records. last verified against source . due for re-check by .

Licence. unknown