Under common law theory, a landlord can evict a tenant for any legal reason including no reason at all. The doctrine of retaliatory eviction modifies this rule as a matter of public policy by holding that a landlord cannot evict a tenant in retaliation for the tenant's assertion of some legal right (e.g., reporting a building code violation) or engagement in a protected activity. North Carolina Gen. Stat. ยง 42-37 adopts this doctrine for residential tenancies.
an eviction in reprisal for the tenant's good-faith complaints against the landlord; illegal in many states
An act by a landlord, such as raising a resident's rent, seeking to evict a resident, or otherwise punishing a resident because the resident has used the repair and deduct remedy or the rent withholding remedy, or has asserted other resident rights.
eviction because the tenant tried to enforce some right or complained to an authority about alleged practices of the landlord or agent
an act by a landlord, such as raising a tenant's rent, seeking to evict a tenant, or otherwise punishing a tenant because the tenant has used the repair and deduct remedy or the rent withholding remedy, or has asserted other tenant rights.
the requirement that a tenant vacate a unit in response to a complaint from the tenant concerning the condition of the buildi6g. Landlord-tenant laws in many states forbid such evictions if proper channels are taken to lodge the complaint.
A landlord's attempt to evict a tenant from a lease because the tenant has used the remedies available under the warranty of habitability. Back to the Top
An eviction due to a tenant's complaints to the landlord, a public agency or tenant association. It is illegal for a landlord to decrease services, increase rent or evict the tenant within 180 days of such a complaint. (See eviction)
A type of eviction, illegal in most states, where a tenant is given notice to vacate his tenancy after making a complaint concerning the condition of a building.
An act whereby a landlord evicts the tenant in response to some complaint made by the tenant.