{"asset": "landlord-retaliation-presumption-period-by-state", "asset_type": "jurisdictional-variation", "body": "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 \u2014 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) \u2014 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'.\n", "description": "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 \u2014 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) \u2014 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'.", "file": "index.md", "generated": true, "harvested": "2026-09-02", "key_field": "state", "licence": "unknown", "sources": ["https://www.azleg.gov/ars/33/01381.htm", "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1942.5.", "https://www.cga.ct.gov/current/pub/chap_830.htm", "https://delcode.delaware.gov/title25/c055/index.html", "https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.02", "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.64.html", "https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0074.htm", "https://www.ilga.gov/Legislation/ILCS/Articles?ActID=4532&ChapterID=62&Print=True", "https://www.legis.iowa.gov/docs/code/562A.36.pdf", "https://www.ksrevisor.gov/statutes/chapters/ch58/058_025_0072.html", "https://legislature.maine.gov/statutes/14/title14sec6001.html", "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-208.1", "https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section18", "https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-5720", "https://www.revisor.mn.gov/statutes/cite/504B.285", "https://nebraskalegislature.gov/laws/statutes.php?statute=76-1439", "https://www.leg.state.nv.us/NRS/NRS-118A.html", "https://www.gencourt.state.nh.us/rsa/html/LV/540/540-13-b.htm", "https://www.nysenate.gov/legislation/laws/RPP/223-B", "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-37.1.html", "https://codes.ohio.gov/ohio-revised-code/section-5321.02", "https://www.oregonlegislature.gov/bills_laws/ors/ors090.html", "http://webserver.rilegislature.gov/Statutes/TITLE34/34-18/34-18-46.htm", "https://www.scstatehouse.gov/code/t27c040.php", "https://legislature.vermont.gov/statutes/section/09/137/04465", "https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1258/", "https://app.leg.wa.gov/rcw/default.aspx?cite=59.18.250", "https://app.leg.wa.gov/rcw/default.aspx?cite=59.18.240", "https://docs.legis.wisconsin.gov/statutes/statutes/704/45"], "stale_after": "2027-09-02", "title": "Landlord retaliation presumption period by US state", "type": "dataset", "verified": false}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Arizona\n\n**Presumption period:** six months\n\n**What the presumption does:** creates a presumption that the landlord's conduct was in retaliation\n\n**Example of a protected activity:** The 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 safety\n\n> 1. The 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 safety.\n\n**Statute:** A.R.S. 33-1381\n\n> In an action by or against the tenant, evidence of a complaint within six months prior to the alleged act of retaliation creates a presumption that the landlord's conduct was in retaliation.\n\nSource: <https://www.azleg.gov/ars/33/01381.htm>\n", "file": "arizona.md", "generated": true, "harvested": "2026-09-02", "id": "arizona", "presumption_effect": "creates a presumption that the landlord's conduct was in retaliation", "presumption_period": "six months", "protected_activity_example": "The 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 safety", "quote_protected_activity_example": "1. The 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 safety.", "source_quote": "In an action by or against the tenant, evidence of a complaint within six months prior to the alleged act of retaliation creates a presumption that the landlord's conduct was in retaliation.", "sources": ["https://www.azleg.gov/ars/33/01381.htm"], "stale_after": "2027-09-02", "state": "Arizona", "statute_citation": "A.R.S. 33-1381", "title": "Arizona \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "unverified_fields": "state", "verified": false}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** California\n\n**Presumption period:** 180 days\n\n**What the presumption does:** the 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 days\n\n**Example of a protected activity:** has 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 tenantability\n\n> (2) After the date upon which the lessee, in good faith, has 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 tenantability.\n\n**Statute:** Civil Code 1942.5\n\n> the 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 days of any of the following:\n\nSource: <https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1942.5.>\n", "file": "california.md", "generated": true, "harvested": "2026-09-02", "id": "california", "presumption_effect": "the 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 days", "presumption_period": "180 days", "protected_activity_example": "has 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 tenantability", "quote_protected_activity_example": "(2) After the date upon which the lessee, in good faith, has 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 tenantability.", "source_quote": "the 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 days of any of the following:", "sources": ["https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1942.5."], "stale_after": "2027-09-02", "state": "California", "statute_citation": "Civil Code 1942.5", "title": "California \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Connecticut\n\n**Presumption period:** six months\n\n**What the presumption does:** A 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 after\n\n**Example of a protected activity:** any municipal agency or official has filed a notice, complaint or order regarding such a violation\n\n> (2) any municipal agency or official has filed a notice, complaint or order regarding such a violation;\n\n**Statute:** Conn. Gen. Stat. 47a-20\n\n> Sec. 47a-20. (Formerly Sec. 19-375a). Retaliatory action by landlord prohibited. A 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 after:\n\nSource: <https://www.cga.ct.gov/current/pub/chap_830.htm>\n", "file": "connecticut.md", "generated": true, "harvested": "2026-09-02", "id": "connecticut", "presumption_effect": "A 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 after", "presumption_period": "six months", "protected_activity_example": "any municipal agency or official has filed a notice, complaint or order regarding such a violation", "quote_protected_activity_example": "(2) any municipal agency or official has filed a notice, complaint or order regarding such a violation;", "source_quote": "Sec. 47a-20. (Formerly Sec. 19-375a). Retaliatory action by landlord prohibited. A 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 after:", "sources": ["https://www.cga.ct.gov/current/pub/chap_830.htm"], "stale_after": "2027-09-02", "state": "Connecticut", "statute_citation": "Conn. Gen. Stat. 47a-20", "title": "Connecticut \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Delaware\n\n**Presumption period:** 90 days\n\n**What the presumption does:** such conduct shall be presumed to be a retaliatory act\n\n**Example of a protected activity:** The tenant has organized or is an officer of a tenant\u2019s organization\n\n> (3) The tenant has organized or is an officer of a tenant\u2019s organization; or\n\n**Statute:** 25 Del. C. \u00a7 5516\n\n> (c) If the tenant proves that the landlord has instituted any of the actions set forth in subsection (b) of this section within 90 days of any complaints or act as enumerated above, such conduct shall be presumed to be a retaliatory act.\n\nSource: <https://delcode.delaware.gov/title25/c055/index.html>\n", "file": "delaware.md", "generated": true, "harvested": "2026-09-02", "id": "delaware", "presumption_effect": "such conduct shall be presumed to be a retaliatory act", "presumption_period": "90 days", "protected_activity_example": "The tenant has organized or is an officer of a tenant\u2019s organization", "quote_protected_activity_example": "(3) The tenant has organized or is an officer of a tenant\u2019s organization; or", "source_quote": "(c) If the tenant proves that the landlord has instituted any of the actions set forth in subsection (b) of this section within 90 days of any complaints or act as enumerated above, such conduct shall be presumed to be a retaliatory act.", "sources": ["https://delcode.delaware.gov/title25/c055/index.html"], "stale_after": "2027-09-02", "state": "Delaware", "statute_citation": "25 Del. C. \u00a7 5516", "title": "Delaware \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** District of Columbia\n\n**Presumption period:** 6 months\n\n**What the presumption does:** the trier of fact shall presume retaliatory action has been taken, and shall enter judgment in the tenant\u2019s favor unless the housing provider comes forward with clear and convincing evidence to rebut this presumption\n\n**Example of a protected activity:** Organized, been a member of, or been involved in any lawful activities pertaining to a tenant organization\n\n> (4) Organized, been a member of, or been involved in any lawful activities pertaining to a tenant organization;\n\n**Statute:** D.C. Code \u00a7 42-3505.02\n\n> (b) In determining whether an action taken by a housing provider against a tenant is retaliatory action, the trier of fact shall presume retaliatory action has been taken, and shall enter judgment in the tenant\u2019s favor unless the housing provider comes forward with clear and convincing evidence to rebut this presumption, if within the 6 months preceding the housing provider\u2019s action, the tenant:\n\nSource: <https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.02>\n", "file": "district-of-columbia.md", "generated": true, "harvested": "2026-09-02", "id": "district-of-columbia", "presumption_effect": "the trier of fact shall presume retaliatory action has been taken, and shall enter judgment in the tenant\u2019s favor unless the housing provider comes forward with clear and convincing evidence to rebut this presumption", "presumption_period": "6 months", "protected_activity_example": "Organized, been a member of, or been involved in any lawful activities pertaining to a tenant organization", "quote_protected_activity_example": "(4) Organized, been a member of, or been involved in any lawful activities pertaining to a tenant organization;", "source_quote": "(b) In determining whether an action taken by a housing provider against a tenant is retaliatory action, the trier of fact shall presume retaliatory action has been taken, and shall enter judgment in the tenant\u2019s favor unless the housing provider comes forward with clear and convincing evidence to rebut this presumption, if within the 6 months preceding the housing provider\u2019s action, the tenant:", "sources": ["https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.02"], "stale_after": "2027-09-02", "state": "District of Columbia", "statute_citation": "D.C. Code \u00a7 42-3505.02", "title": "District of Columbia \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Florida\n\n**What the presumption does:** Evidence of retaliatory conduct may be raised by the tenant as a defense in any action brought against him or her for possession.\n\n**Example of a protected activity:** 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 premises\n\n> (a) 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 premises;\n\n**Statute:** Fla. Stat. 83.64\n\n> 83.64 Retaliatory conduct.\n\n> (2) Evidence of retaliatory conduct may be raised by the tenant as a defense in any action brought against him or her for possession.\n\nSource: <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.64.html>\n", "file": "florida.md", "generated": true, "harvested": "2026-09-02", "id": "florida", "presumption_effect": "Evidence of retaliatory conduct may be raised by the tenant as a defense in any action brought against him or her for possession.", "protected_activity_example": "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 premises", "quote_protected_activity_example": "(a) 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 premises;", "quote_statute_citation": "83.64 Retaliatory conduct.", "source_quote": "(2) Evidence of retaliatory conduct may be raised by the tenant as a defense in any action brought against him or her for possession.", "sources": ["http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.64.html"], "stale_after": "2027-09-02", "state": "Florida", "statute_citation": "Fla. Stat. 83.64", "title": "Florida \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Hawaii\n\n**What the presumption does:** no 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, after\n\n**Example of a protected activity:** The tenant has in good faith requested repairs under section 521-63 or 521-64\n\n> (3) The tenant has in good faith requested repairs under section 521-63 or 521-64.\n\n**Statute:** HRS \u00a7 521-74\n\n> \u00a7521-74 Retaliatory evictions and rent increases prohibited. (a) Notwithstanding that the tenant has no written rental agreement or that it has expired, so long as the tenant continues to tender the usual rent to the landlord or proceeds to tender receipts for rent lawfully withheld, no 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, after:\n\nSource: <https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0074.htm>\n", "file": "hawaii.md", "generated": true, "harvested": "2026-09-02", "id": "hawaii", "presumption_effect": "no 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, after", "protected_activity_example": "The tenant has in good faith requested repairs under section 521-63 or 521-64", "quote_protected_activity_example": "(3) The tenant has in good faith requested repairs under section 521-63 or 521-64.", "source_quote": "\u00a7521-74 Retaliatory evictions and rent increases prohibited. (a) Notwithstanding that the tenant has no written rental agreement or that it has expired, so long as the tenant continues to tender the usual rent to the landlord or proceeds to tender receipts for rent lawfully withheld, no 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, after:", "sources": ["https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0074.htm"], "stale_after": "2027-09-02", "state": "Hawaii", "statute_citation": "HRS \u00a7 521-74", "title": "Hawaii \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Illinois\n\n**Presumption period:** one year\n\n**What the presumption does:** creates a rebuttable presumption that the landlord's conduct was retaliatory\n\n**Example of a protected activity:** exercised any right or remedy provided by law\n\n> (7) exercised any right or remedy provided by law.\n\n**Statute:** 765 ILCS 721/20\n\n> Sec. 20. Rebuttable presumption. In an action by or against the tenant, if within one year before the alleged act of retaliation there is evidence that the retaliation was against the tenant's conduct that is protected under this Act, that evidence creates a rebuttable presumption that the landlord's conduct was retaliatory.\n\nSource: <https://www.ilga.gov/Legislation/ILCS/Articles?ActID=4532&ChapterID=62&Print=True>\n", "file": "illinois.md", "generated": true, "harvested": "2026-09-02", "id": "illinois", "presumption_effect": "creates a rebuttable presumption that the landlord's conduct was retaliatory", "presumption_period": "one year", "protected_activity_example": "exercised any right or remedy provided by law", "quote_protected_activity_example": "(7) exercised any right or remedy provided by law.", "source_quote": "Sec. 20. Rebuttable presumption. In an action by or against the tenant, if within one year before the alleged act of retaliation there is evidence that the retaliation was against the tenant's conduct that is protected under this Act, that evidence creates a rebuttable presumption that the landlord's conduct was retaliatory.", "sources": ["https://www.ilga.gov/Legislation/ILCS/Articles?ActID=4532&ChapterID=62&Print=True"], "stale_after": "2027-09-02", "state": "Illinois", "statute_citation": "765 ILCS 721/20", "title": "Illinois \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Iowa\n\n**Presumption period:** one year\n\n**What the presumption does:** creates a presumption that the landlord\u2019s conduct was in retaliation\n\n**Example of a protected activity:** The tenant has organized or become a member of a tenants\u2019 union or similar organization\n\n> c. The tenant has organized or become a member of a tenants\u2019 union or similar organization.\n\n**Statute:** Iowa Code \u00a7 562A.36\n\n> In an action by or against the tenant, evidence of a good-faith complaint within one year prior to the alleged act of retaliation creates a presumption that the landlord\u2019s conduct was in retaliation.\n\nSource: <https://www.legis.iowa.gov/docs/code/562A.36.pdf>\n", "file": "iowa.md", "generated": true, "harvested": "2026-09-02", "id": "iowa", "presumption_effect": "creates a presumption that the landlord\u2019s conduct was in retaliation", "presumption_period": "one year", "protected_activity_example": "The tenant has organized or become a member of a tenants\u2019 union or similar organization", "quote_protected_activity_example": "c. The tenant has organized or become a member of a tenants\u2019 union or similar organization.", "source_quote": "In an action by or against the tenant, evidence of a good-faith complaint within one year prior to the alleged act of retaliation creates a presumption that the landlord\u2019s conduct was in retaliation.", "sources": ["https://www.legis.iowa.gov/docs/code/562A.36.pdf"], "stale_after": "2027-09-02", "state": "Iowa", "statute_citation": "Iowa Code \u00a7 562A.36", "title": "Iowa \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Kansas\n\n**What the presumption does:** has a defense in an action against such tenant for possession\n\n**Example of a protected activity:** the tenant has organized or become a member of a tenants' union or similar organization\n\n> (3) the tenant has organized or become a member of a tenants' union or similar organization.\n\n**Statute:** K.S.A. 58-2572\n\n> 58-2572. Certain retaliatory actions by landlord prohibited; remedies; increased rent, when; action for possession, when.\n\n> (b) If the landlord acts in violation of subsection (a) of this section, the tenant is entitled to the remedies provided in K.S.A. 58-2563 and has a defense in an action against such tenant for possession.\n\nSource: <https://www.ksrevisor.gov/statutes/chapters/ch58/058_025_0072.html>\n", "file": "kansas.md", "generated": true, "harvested": "2026-09-02", "id": "kansas", "presumption_effect": "has a defense in an action against such tenant for possession", "protected_activity_example": "the tenant has organized or become a member of a tenants' union or similar organization", "quote_protected_activity_example": "(3) the tenant has organized or become a member of a tenants' union or similar organization.", "quote_statute_citation": "58-2572. Certain retaliatory actions by landlord prohibited; remedies; increased rent, when; action for possession, when.", "source_quote": "(b) If the landlord acts in violation of subsection (a) of this section, the tenant is entitled to the remedies provided in K.S.A. 58-2563 and has a defense in an action against such tenant for possession.", "sources": ["https://www.ksrevisor.gov/statutes/chapters/ch58/058_025_0072.html"], "stale_after": "2027-09-02", "state": "Kansas", "statute_citation": "K.S.A. 58-2572", "title": "Kansas \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Maine\n\n**Presumption period:** 6 months\n\n**What the presumption does:** there is a rebuttable presumption that the action was commenced in retaliation against the tenant\n\n**Example of a protected activity:** Complained 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 statute\n\n> B. Complained 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 statute, presently or hereafter adopted, to a body charged with enforcement of that code, ordinance, regulation or statute, or such a body has filed a notice or complaint of such a violation;\n\n**Statute:** 14 M.R.S. 6001(3)\n\n> In any action of forcible entry and detainer there is a rebuttable presumption that the action was commenced in retaliation against the tenant if, within 6 months prior to the commencement of the action, the tenant has:\n\nSource: <https://legislature.maine.gov/statutes/14/title14sec6001.html>\n", "file": "maine.md", "generated": true, "harvested": "2026-09-02", "id": "maine", "presumption_effect": "there is a rebuttable presumption that the action was commenced in retaliation against the tenant", "presumption_period": "6 months", "protected_activity_example": "Complained 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 statute", "quote_protected_activity_example": "B. Complained 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 statute, presently or hereafter adopted, to a body charged with enforcement of that code, ordinance, regulation or statute, or such a body has filed a notice or complaint of such a violation;", "source_quote": "In any action of forcible entry and detainer there is a rebuttable presumption that the action was commenced in retaliation against the tenant if, within 6 months prior to the commencement of the action, the tenant has:", "sources": ["https://legislature.maine.gov/statutes/14/title14sec6001.html"], "stale_after": "2027-09-02", "state": "Maine", "statute_citation": "14 M.R.S. 6001(3)", "title": "Maine \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Maryland\n\n**Presumption period:** 6 months\n\n**What the presumption does:** A 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.\n\n> (2) A 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.\n\n**Example of a protected activity:** Because the tenant has participated in any tenants\u2019 organization\n\n> (iii) Because the tenant has participated in any tenants\u2019 organization; or\n\n**Statute:** Md. Code, Real Prop. \u00a7 8-208.1\n\n> (e) An action by a landlord may not be deemed to be retaliatory for purposes of this section if the alleged retaliatory action occurs more than 6 months after a tenant\u2019s action that is protected under subsection (a)(2) of this section.\n\nSource: <https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-208.1>\n", "file": "maryland.md", "generated": true, "harvested": "2026-09-02", "id": "maryland", "presumption_effect": "A 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.", "presumption_period": "6 months", "protected_activity_example": "Because the tenant has participated in any tenants\u2019 organization", "quote_presumption_effect": "(2) A 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.", "quote_protected_activity_example": "(iii) Because the tenant has participated in any tenants\u2019 organization; or", "source_quote": "(e) An action by a landlord may not be deemed to be retaliatory for purposes of this section if the alleged retaliatory action occurs more than 6 months after a tenant\u2019s action that is protected under subsection (a)(2) of this section.", "sources": ["https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-208.1"], "stale_after": "2027-09-02", "state": "Maryland", "statute_citation": "Md. Code, Real Prop. \u00a7 8-208.1", "title": "Maryland \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Massachusetts\n\n**Presumption period:** six months\n\n**What the presumption does:** shall create a rebuttable presumption that such notice or other action is a reprisal against the tenant for engaging in such activities\n\n**Example of a protected activity:** for organizing or joining a tenants' union or similar organization\n\n> or for organizing or joining a tenants' union or similar organization, or for making or expressing an intention to make, a payment of rent to an organization of unit owners pursuant to paragraph (c) of section six of chapter one hundred and eighty-three A\n\n**Statute:** G.L. c. 186, \u00a7 18\n\n> The receipt of any notice of termination of tenancy, except for nonpayment of rent, or, of increase in rent, or, of any substantial alteration in the terms of tenancy within six months after the tenant has commenced, proceeded with, or obtained relief in such action, exercised such rights, made such report or complaint, or organized or joined such tenants' union or within six months after any other person has taken such action or actions on behalf of the tenant or in, or relating to, the building in which the tenant resides, shall create a rebuttable presumption that such notice or other action is a reprisal against the tenant for engaging in such activities.\n\nSource: <https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section18>\n", "file": "massachusetts.md", "generated": true, "harvested": "2026-09-02", "id": "massachusetts", "presumption_effect": "shall create a rebuttable presumption that such notice or other action is a reprisal against the tenant for engaging in such activities", "presumption_period": "six months", "protected_activity_example": "for organizing or joining a tenants' union or similar organization", "quote_protected_activity_example": "or for organizing or joining a tenants' union or similar organization, or for making or expressing an intention to make, a payment of rent to an organization of unit owners pursuant to paragraph (c) of section six of chapter one hundred and eighty-three A", "source_quote": "The receipt of any notice of termination of tenancy, except for nonpayment of rent, or, of increase in rent, or, of any substantial alteration in the terms of tenancy within six months after the tenant has commenced, proceeded with, or obtained relief in such action, exercised such rights, made such report or complaint, or organized or joined such tenants' union or within six months after any other person has taken such action or actions on behalf of the tenant or in, or relating to, the building in which the tenant resides, shall create a rebuttable presumption that such notice or other action is a reprisal against the tenant for engaging in such activities.", "sources": ["https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section18"], "stale_after": "2027-09-02", "state": "Massachusetts", "statute_citation": "G.L. c. 186, \u00a7 18", "title": "Massachusetts \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Michigan\n\n**Presumption period:** 90 days\n\n**What the presumption does:** a presumption in favor of the defense of retaliatory termination arises\n\n**Example of a protected activity:** That 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 ordinance\n\n> (b) That 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 ordinance.\n\n**Statute:** MCL 600.5720\n\n> (2) If a defendant who alleges a retaliatory termination of the tenancy shows that within 90 days before the commencement of summary proceedings the defendant attempted to secure or enforce rights against the plaintiff or to complain against the plaintiff, as provided in subsection (1)(a), (b), (c), or (e), by means of official action to or through a court or other governmental agency and the official action has not resulted in dismissal or denial of the attempt or complaint, a presumption in favor of the defense of retaliatory termination arises, unless the plaintiff establishes by a preponderance of the evidence that the termination of tenancy was not in retaliation for the acts.\n\nSource: <https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-5720>\n", "file": "michigan.md", "generated": true, "harvested": "2026-09-02", "id": "michigan", "presumption_effect": "a presumption in favor of the defense of retaliatory termination arises", "presumption_period": "90 days", "protected_activity_example": "That 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 ordinance", "quote_protected_activity_example": "(b) That 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 ordinance.", "source_quote": "(2) If a defendant who alleges a retaliatory termination of the tenancy shows that within 90 days before the commencement of summary proceedings the defendant attempted to secure or enforce rights against the plaintiff or to complain against the plaintiff, as provided in subsection (1)(a), (b), (c), or (e), by means of official action to or through a court or other governmental agency and the official action has not resulted in dismissal or denial of the attempt or complaint, a presumption in favor of the defense of retaliatory termination arises, unless the plaintiff establishes by a preponderance of the evidence that the termination of tenancy was not in retaliation for the acts.", "sources": ["https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-5720"], "stale_after": "2027-09-02", "state": "Michigan", "statute_citation": "MCL 600.5720", "title": "Michigan \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Minnesota\n\n**Presumption period:** 90 days\n\n**What the presumption does:** the burden of proving that the notice to quit was not served in whole or part for a retaliatory purpose shall rest with the plaintiff\n\n**Example of a protected activity:** the 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 ordinance\n\n> (2) the 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 ordinance.\n\n**Statute:** Minn. Stat. 504B.285, subd. 2\n\n> If the notice to quit was served within 90 days of the date of an act of the tenant coming within the terms of clause (1) or (2) the burden of proving that the notice to quit was not served in whole or part for a retaliatory purpose shall rest with the plaintiff.\n\nSource: <https://www.revisor.mn.gov/statutes/cite/504B.285>\n", "file": "minnesota.md", "generated": true, "harvested": "2026-09-02", "id": "minnesota", "presumption_effect": "the burden of proving that the notice to quit was not served in whole or part for a retaliatory purpose shall rest with the plaintiff", "presumption_period": "90 days", "protected_activity_example": "the 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 ordinance", "quote_protected_activity_example": "(2) the 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 ordinance.", "source_quote": "If the notice to quit was served within 90 days of the date of an act of the tenant coming within the terms of clause (1) or (2) the burden of proving that the notice to quit was not served in whole or part for a retaliatory purpose shall rest with the plaintiff.", "sources": ["https://www.revisor.mn.gov/statutes/cite/504B.285"], "stale_after": "2027-09-02", "state": "Minnesota", "statute_citation": "Minn. Stat. 504B.285, subd. 2", "title": "Minnesota \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Nebraska\n\n**What the presumption does:** has a defense in action against him for possession\n\n**Example of a protected activity:** The tenant has organized or become a member of a tenants' union or similar organization\n\n> (b) The tenant has organized or become a member of a tenants' union or similar organization.\n\n**Statute:** Neb. Rev. Stat. 76-1439\n\n> 76-1439. Retaliatory conduct prohibited.\n\n> (2) If the landlord acts in violation of subsection (1), the tenant is entitled to the remedies provided in section 76-1430 and has a defense in action against him for possession.\n\nSource: <https://nebraskalegislature.gov/laws/statutes.php?statute=76-1439>\n", "file": "nebraska.md", "generated": true, "harvested": "2026-09-02", "id": "nebraska", "presumption_effect": "has a defense in action against him for possession", "protected_activity_example": "The tenant has organized or become a member of a tenants' union or similar organization", "quote_protected_activity_example": "(b) The tenant has organized or become a member of a tenants' union or similar organization.", "quote_statute_citation": "76-1439. Retaliatory conduct prohibited.", "source_quote": "(2) If the landlord acts in violation of subsection (1), the tenant is entitled to the remedies provided in section 76-1430 and has a defense in action against him for possession.", "sources": ["https://nebraskalegislature.gov/laws/statutes.php?statute=76-1439"], "stale_after": "2027-09-02", "state": "Nebraska", "statute_citation": "Neb. Rev. Stat. 76-1439", "title": "Nebraska \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Nevada\n\n**What the presumption does:** has a defense in any retaliatory action by the landlord for possession\n\n**Example of a protected activity:** The tenant has organized or become a member of a tenant\u2019s union or similar organization\n\n> (c) The tenant has organized or become a member of a tenant\u2019s union or similar organization;\n\n**Statute:** NRS 118A.510\n\n> NRS 118A.510 Retaliatory conduct by landlord against tenant prohibited; remedies; exceptions.\n\n> 2. If the landlord violates any provision of subsection 1, the tenant is entitled to the remedies provided in NRS 118A.390 and has a defense in any retaliatory action by the landlord for possession.\n\nSource: <https://www.leg.state.nv.us/NRS/NRS-118A.html>\n", "file": "nevada.md", "generated": true, "harvested": "2026-09-02", "id": "nevada", "presumption_effect": "has a defense in any retaliatory action by the landlord for possession", "protected_activity_example": "The tenant has organized or become a member of a tenant\u2019s union or similar organization", "quote_protected_activity_example": "(c) The tenant has organized or become a member of a tenant\u2019s union or similar organization;", "quote_statute_citation": "NRS 118A.510 Retaliatory conduct by landlord against tenant prohibited; remedies; exceptions.", "source_quote": "2. If the landlord violates any provision of subsection 1, the tenant is entitled to the remedies provided in NRS 118A.390 and has a defense in any retaliatory action by the landlord for possession.", "sources": ["https://www.leg.state.nv.us/NRS/NRS-118A.html"], "stale_after": "2027-09-02", "state": "Nevada", "statute_citation": "NRS 118A.510", "title": "Nevada \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** New Hampshire\n\n**Presumption period:** 6 months\n\n**What the presumption does:** a rebuttable presumption that such possessory action was in retaliation of the tenant's action shall be created\n\n**Example of a protected activity:** The landlord received notice that the tenant had initiated an action pursuant to RSA 540-A\n\n> III. The landlord received notice that the tenant had initiated an action pursuant to RSA 540-A; or\n\n**Statute:** RSA 540:13-b\n\n> Unless the court finds that the act of the tenant in making a report or complaint or in initiating an action or in organizing relative to alleged violations by a landlord was primarily intended to prevent any eviction, a rebuttable presumption that such possessory action was in retaliation of the tenant's action shall be created when any possessory action, increase in rent or any substantial alteration in the terms of the tenancy is instituted by a landlord within 6 months after:\n\nSource: <https://www.gencourt.state.nh.us/rsa/html/LV/540/540-13-b.htm>\n", "file": "new-hampshire.md", "generated": true, "harvested": "2026-09-02", "id": "new-hampshire", "presumption_effect": "a rebuttable presumption that such possessory action was in retaliation of the tenant's action shall be created", "presumption_period": "6 months", "protected_activity_example": "The landlord received notice that the tenant had initiated an action pursuant to RSA 540-A", "quote_protected_activity_example": "III. The landlord received notice that the tenant had initiated an action pursuant to RSA 540-A; or", "source_quote": "Unless the court finds that the act of the tenant in making a report or complaint or in initiating an action or in organizing relative to alleged violations by a landlord was primarily intended to prevent any eviction, a rebuttable presumption that such possessory action was in retaliation of the tenant's action shall be created when any possessory action, increase in rent or any substantial alteration in the terms of the tenancy is instituted by a landlord within 6 months after:", "sources": ["https://www.gencourt.state.nh.us/rsa/html/LV/540/540-13-b.htm"], "stale_after": "2027-09-02", "state": "New Hampshire", "statute_citation": "RSA 540:13-b", "title": "New Hampshire \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "unverified_fields": "state", "verified": false}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** New York\n\n**Presumption period:** one year\n\n**What the presumption does:** a rebuttable presumption that the landlord is acting in retaliation shall be created\n\n**Example of a protected activity:** A 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 ordinance\n\n> a. A 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 ordinance, the warranty of habitability under section two hundred thirty-five-b of this article\n\n**Statute:** RPL \u00a7 223-b\n\n> 5. In an action or proceeding instituted against a tenant of premises or a unit to which this section is applicable, a rebuttable presumption that the landlord is acting in retaliation shall be created if the tenant establishes that the landlord served a notice to quit, or instituted an action or proceeding to recover possession, or attempted to substantially alter the terms of the tenancy, within one year after:\n\nSource: <https://www.nysenate.gov/legislation/laws/RPP/223-B>\n", "file": "new-york.md", "generated": true, "harvested": "2026-09-02", "id": "new-york", "presumption_effect": "a rebuttable presumption that the landlord is acting in retaliation shall be created", "presumption_period": "one year", "protected_activity_example": "A 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 ordinance", "quote_protected_activity_example": "a. A 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 ordinance, the warranty of habitability under section two hundred thirty-five-b of this article", "source_quote": "5. In an action or proceeding instituted against a tenant of premises or a unit to which this section is applicable, a rebuttable presumption that the landlord is acting in retaliation shall be created if the tenant establishes that the landlord served a notice to quit, or instituted an action or proceeding to recover possession, or attempted to substantially alter the terms of the tenancy, within one year after:", "sources": ["https://www.nysenate.gov/legislation/laws/RPP/223-B"], "stale_after": "2027-09-02", "state": "New York", "statute_citation": "RPL \u00a7 223-b", "title": "New York \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** North Carolina\n\n**Presumption period:** 12 months\n\n**What the presumption does:** a tenant may raise the affirmative defense of retaliatory eviction\n\n**Example of a protected activity:** A good faith attempt to organize, join, or become otherwise involved with, any organization promoting or enforcing tenants' rights\n\n> (5) A good faith attempt to organize, join, or become otherwise involved with, any organization promoting or enforcing tenants' rights.\n\n**Statute:** N.C.G.S. \u00a7 42-37.1\n\n> \u00a7 42-37.1. Defense of retaliatory eviction.\n\n> (b) In an action for summary ejectment pursuant to G.S. 42-26, a tenant may raise the affirmative defense of retaliatory eviction and may present evidence that the landlord's action is substantially in response to the occurrence within 12 months of the filing of such action of one or more of the protected acts described in subsection (a) of this section.\n\nSource: <https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-37.1.html>\n", "file": "north-carolina.md", "generated": true, "harvested": "2026-09-02", "id": "north-carolina", "presumption_effect": "a tenant may raise the affirmative defense of retaliatory eviction", "presumption_period": "12 months", "protected_activity_example": "A good faith attempt to organize, join, or become otherwise involved with, any organization promoting or enforcing tenants' rights", "quote_protected_activity_example": "(5) A good faith attempt to organize, join, or become otherwise involved with, any organization promoting or enforcing tenants' rights.", "quote_statute_citation": "\u00a7 42-37.1. Defense of retaliatory eviction.", "source_quote": "(b) In an action for summary ejectment pursuant to G.S. 42-26, a tenant may raise the affirmative defense of retaliatory eviction and may present evidence that the landlord's action is substantially in response to the occurrence within 12 months of the filing of such action of one or more of the protected acts described in subsection (a) of this section.", "sources": ["https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_42/GS_42-37.1.html"], "stale_after": "2027-09-02", "state": "North Carolina", "statute_citation": "N.C.G.S. \u00a7 42-37.1", "title": "North Carolina \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "unverified_fields": "statute_citation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Ohio\n\n**What the presumption does:** Use the retaliatory action of the landlord as a defense to an action by the landlord to recover possession of the premises\n\n**Example of a protected activity:** The 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 agreement\n\n> (3) The 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 agreement.\n\n**Statute:** R.C. 5321.02\n\n> (B) If a landlord acts in violation of division (A) of this section the tenant may: (1) Use the retaliatory action of the landlord as a defense to an action by the landlord to recover possession of the premises; (2) Recover possession of the premises; or (3) Terminate the rental agreement.\n\nSource: <https://codes.ohio.gov/ohio-revised-code/section-5321.02>\n", "file": "ohio.md", "generated": true, "harvested": "2026-09-02", "id": "ohio", "presumption_effect": "Use the retaliatory action of the landlord as a defense to an action by the landlord to recover possession of the premises", "protected_activity_example": "The 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 agreement", "quote_protected_activity_example": "(3) The 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 agreement.", "source_quote": "(B) If a landlord acts in violation of division (A) of this section the tenant may: (1) Use the retaliatory action of the landlord as a defense to an action by the landlord to recover possession of the premises; (2) Recover possession of the premises; or (3) Terminate the rental agreement.", "sources": ["https://codes.ohio.gov/ohio-revised-code/section-5321.02"], "stale_after": "2027-09-02", "state": "Ohio", "statute_citation": "R.C. 5321.02", "title": "Ohio \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Oregon\n\n**What the presumption does:** has a defense in any retaliatory action against the tenant for possession\n\n**Example of a protected activity:** The tenant has made any complaint to the landlord that is in good faith and related to the tenancy\n\n> (b) The tenant has made any complaint to the landlord that is in good faith and related to the tenancy;\n\n**Statute:** ORS 90.385\n\n> 90.385 Retaliatory conduct by landlord; tenant remedies and defenses; action for possession in certain cases.\n\n> (3) If the landlord acts in violation of subsection (1) of this section the tenant is entitled to the remedies provided in ORS 90.375 and has a defense in any retaliatory action against the tenant for possession.\n\nSource: <https://www.oregonlegislature.gov/bills_laws/ors/ors090.html>\n", "file": "oregon.md", "generated": true, "harvested": "2026-09-02", "id": "oregon", "presumption_effect": "has a defense in any retaliatory action against the tenant for possession", "protected_activity_example": "The tenant has made any complaint to the landlord that is in good faith and related to the tenancy", "quote_protected_activity_example": "(b) The tenant has made any complaint to the landlord that is in good faith and related to the tenancy;", "quote_statute_citation": "90.385 Retaliatory conduct by landlord; tenant remedies and defenses; action for possession in certain cases.", "source_quote": "(3) If the landlord acts in violation of subsection (1) of this section the tenant is entitled to the remedies provided in ORS 90.375 and has a defense in any retaliatory action against the tenant for possession.", "sources": ["https://www.oregonlegislature.gov/bills_laws/ors/ors090.html"], "stale_after": "2027-09-02", "state": "Oregon", "statute_citation": "ORS 90.385", "title": "Oregon \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Rhode Island\n\n**Presumption period:** six (6) months\n\n**What the presumption does:** creates a presumption that the landlord\u2019s conduct was in retaliation\n\n**Example of a protected activity:** The tenant has organized or become a member of a tenants\u2019 union or similar organization\n\n> (3) The tenant has organized or become a member of a tenants\u2019 union or similar organization; or\n\n**Statute:** R.I. Gen. Laws \u00a7 34-18-46\n\n> In an action by or against the tenant, evidence of a complaint within six (6) months before the alleged act of retaliation creates a presumption that the landlord\u2019s conduct was in retaliation.\n\nSource: <http://webserver.rilegislature.gov/Statutes/TITLE34/34-18/34-18-46.htm>\n", "file": "rhode-island.md", "generated": true, "harvested": "2026-09-02", "id": "rhode-island", "presumption_effect": "creates a presumption that the landlord\u2019s conduct was in retaliation", "presumption_period": "six (6) months", "protected_activity_example": "The tenant has organized or become a member of a tenants\u2019 union or similar organization", "quote_protected_activity_example": "(3) The tenant has organized or become a member of a tenants\u2019 union or similar organization; or", "source_quote": "In an action by or against the tenant, evidence of a complaint within six (6) months before the alleged act of retaliation creates a presumption that the landlord\u2019s conduct was in retaliation.", "sources": ["http://webserver.rilegislature.gov/Statutes/TITLE34/34-18/34-18-46.htm"], "stale_after": "2027-09-02", "state": "Rhode Island", "statute_citation": "R.I. Gen. Laws \u00a7 34-18-46", "title": "Rhode Island \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** South Carolina\n\n**What the presumption does:** the tenant is entitled to the remedies provided in SECTION 27-40-660 as a defense in any retaliatory action against him for possession\n\n**Example of a protected activity:** the 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 safety\n\n> (1) the 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 safety; or\n\n**Statute:** S.C. Code \u00a7 27-40-910\n\n> SECTION 27-40-910. Retaliatory conduct prohibited.\n\n> (b) If the landlord acts in violation of subsection (a), the tenant is entitled to the remedies provided in SECTION 27-40-660 as a defense in any retaliatory action against him for possession.\n\nSource: <https://www.scstatehouse.gov/code/t27c040.php>\n", "file": "south-carolina.md", "generated": true, "harvested": "2026-09-02", "id": "south-carolina", "presumption_effect": "the tenant is entitled to the remedies provided in SECTION 27-40-660 as a defense in any retaliatory action against him for possession", "protected_activity_example": "the 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 safety", "quote_protected_activity_example": "(1) the 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 safety; or", "quote_statute_citation": "SECTION 27-40-910. Retaliatory conduct prohibited.", "source_quote": "(b) If the landlord acts in violation of subsection (a), the tenant is entitled to the remedies provided in SECTION 27-40-660 as a defense in any retaliatory action against him for possession.", "sources": ["https://www.scstatehouse.gov/code/t27c040.php"], "stale_after": "2027-09-02", "state": "South Carolina", "statute_citation": "S.C. Code \u00a7 27-40-910", "title": "South Carolina \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Vermont\n\n**Presumption period:** 90 days\n\n**What the presumption does:** there is a rebuttable presumption that any termination by the landlord is in retaliation for the tenant having reported the noncompliance\n\n**Example of a protected activity:** has organized or become a member of a tenant\u2019s union or similar organization\n\n> (3) has organized or become a member of a tenant\u2019s union or similar organization.\n\n**Statute:** 9 V.S.A. \u00a7 4465\n\n> (c) If a landlord serves notice of termination of tenancy on any grounds other than for nonpayment of rent within 90 days after notice by any municipal or State governmental entity that the premises are not in compliance with applicable health or safety regulations, there is a rebuttable presumption that any termination by the landlord is in retaliation for the tenant having reported the noncompliance.\n\nSource: <https://legislature.vermont.gov/statutes/section/09/137/04465>\n", "file": "vermont.md", "generated": true, "harvested": "2026-09-02", "id": "vermont", "presumption_effect": "there is a rebuttable presumption that any termination by the landlord is in retaliation for the tenant having reported the noncompliance", "presumption_period": "90 days", "protected_activity_example": "has organized or become a member of a tenant\u2019s union or similar organization", "quote_protected_activity_example": "(3) has organized or become a member of a tenant\u2019s union or similar organization.", "source_quote": "(c) If a landlord serves notice of termination of tenancy on any grounds other than for nonpayment of rent within 90 days after notice by any municipal or State governmental entity that the premises are not in compliance with applicable health or safety regulations, there is a rebuttable presumption that any termination by the landlord is in retaliation for the tenant having reported the noncompliance.", "sources": ["https://legislature.vermont.gov/statutes/section/09/137/04465"], "stale_after": "2027-09-02", "state": "Vermont", "statute_citation": "9 V.S.A. \u00a7 4465", "title": "Vermont \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Virginia\n\n**What the presumption does:** may assert such retaliation as a defense in any action against him for possession\n\n**Example of a protected activity:** the tenant has organized or become a member of a tenant's organization\n\n> (iii) the tenant has organized or become a member of a tenant's organization, or (iv) the tenant has testified in a court proceeding against the landlord.\n\n**Statute:** Va. Code \u00a7 55.1-1258\n\n> B. If the landlord acts in violation of this section, the tenant is entitled to the applicable remedies provided for in this chapter, including recovery of actual damages, and may assert such retaliation as a defense in any action against him for possession. The burden of proving retaliatory intent shall be on the tenant.\n\nSource: <https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1258/>\n", "file": "virginia.md", "generated": true, "harvested": "2026-09-02", "id": "virginia", "presumption_effect": "may assert such retaliation as a defense in any action against him for possession", "protected_activity_example": "the tenant has organized or become a member of a tenant's organization", "quote_protected_activity_example": "(iii) the tenant has organized or become a member of a tenant's organization, or (iv) the tenant has testified in a court proceeding against the landlord.", "source_quote": "B. If the landlord acts in violation of this section, the tenant is entitled to the applicable remedies provided for in this chapter, including recovery of actual damages, and may assert such retaliation as a defense in any action against him for possession. The burden of proving retaliatory intent shall be on the tenant.", "sources": ["https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1258/"], "stale_after": "2027-09-02", "state": "Virginia", "statute_citation": "Va. Code \u00a7 55.1-1258", "title": "Virginia \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Washington\n\n**Presumption period:** ninety days\n\n**What the presumption does:** shall create a rebuttable presumption affecting the burden of proof, that the action is a reprisal or retaliatory action against the tenant\n\n**Example of a protected activity:** Complaints 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 tenant\n\n> (1) Complaints 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 tenant; or\n\n**Statute:** RCW 59.18.240; RCW 59.18.250\n\n> within ninety days after any inspection or proceeding of a governmental agency resulting from such act, shall create a rebuttable presumption affecting the burden of proof, that the action is a reprisal or retaliatory action against the tenant\n\nSource: <https://app.leg.wa.gov/rcw/default.aspx?cite=59.18.250>\n\nAlso cited: <https://app.leg.wa.gov/rcw/default.aspx?cite=59.18.240>\n", "file": "washington.md", "generated": true, "harvested": "2026-09-02", "id": "washington", "presumption_effect": "shall create a rebuttable presumption affecting the burden of proof, that the action is a reprisal or retaliatory action against the tenant", "presumption_period": "ninety days", "protected_activity_example": "Complaints 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 tenant", "quote_protected_activity_example": "(1) Complaints 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 tenant; or", "source_quote": "within ninety days after any inspection or proceeding of a governmental agency resulting from such act, shall create a rebuttable presumption affecting the burden of proof, that the action is a reprisal or retaliatory action against the tenant", "sources": ["https://app.leg.wa.gov/rcw/default.aspx?cite=59.18.250", "https://app.leg.wa.gov/rcw/default.aspx?cite=59.18.240"], "stale_after": "2027-09-02", "state": "Washington", "statute_citation": "RCW 59.18.240; RCW 59.18.250", "title": "Washington \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
{"asset": "landlord-retaliation-presumption-period-by-state", "body": "**State:** Wisconsin\n\n**What the presumption does:** a 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\u2019s retaliation against the tenant\n\n**Example of a protected activity:** Making a good faith complaint about a defect in the premises to an elected public official or a local housing code enforcement agency\n\n> (a) Making a good faith complaint about a defect in the premises to an elected public official or a local housing code enforcement agency.\n\n**Statute:** Wis. Stat. 704.45\n\n> (1) Except as provided in sub. (2) , a 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\u2019s retaliation against the tenant for doing any of the following:\n\nSource: <https://docs.legis.wisconsin.gov/statutes/statutes/704/45>\n", "file": "wisconsin.md", "generated": true, "harvested": "2026-09-02", "id": "wisconsin", "presumption_effect": "a 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\u2019s retaliation against the tenant", "protected_activity_example": "Making a good faith complaint about a defect in the premises to an elected public official or a local housing code enforcement agency", "quote_protected_activity_example": "(a) Making a good faith complaint about a defect in the premises to an elected public official or a local housing code enforcement agency.", "source_quote": "(1) Except as provided in sub. (2) , a 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\u2019s retaliation against the tenant for doing any of the following:", "sources": ["https://docs.legis.wisconsin.gov/statutes/statutes/704/45"], "stale_after": "2027-09-02", "state": "Wisconsin", "statute_citation": "Wis. Stat. 704.45", "title": "Wisconsin \u2014 Landlord retaliation presumption period by US state", "type": "jurisdictional-variation", "verified": true}
