Retaliatory evictions – Illegal evictions
What kinds of conduct by the landlord does the law consider retaliatory?
Under the existing laws, the following actions on the part of the landlord will be considered as retaliatory conduct:
• Not renewing the lease on expiry
• Unreasonable hike in the rent
• Withholding or not providing services
• Filing an eviction action or the threat of filing an eviction
How does the tenant prove that the landlord’s conduct was retaliatory?
If you are claim that the actions of your landlord is retaliatory, you must demonstrate that your landlord knew of your actions such as reporting the landlord to the authorities and that your act of reporting to the authorities was lawful.
In certain circumstances, you may not have to show that the action was retaliatory. If you have engaged in or taken part in a protected activity within a specific time period the law generally will assume that the landlord’s action was retaliatory. In such cases, the landlord must prove that there were other valid reasons for his or her action.