Landlord Retaliation: What to Do If You’re Facing Eviction for Reporting Issues
Living in a rental property comes with certain responsibilities, but it also gives you rights under Missouri law. One of those rights is the ability to report serious housing issues without fear of losing your home. When a landlord responds to those reports by trying to evict you, raise your rent, or cut off services, it might be a case of landlord retaliation.
Facing eviction can feel overwhelming, especially when it seems like you're being punished for doing the right thing. But tenants aren't powerless. If you're in this position, our attorney at Foulk Law Firm LLC in Brentwood, Missouri, can help you understand how landlord retaliation works, what signs to look for, and what actions to take if your landlord crosses the line.
What Constitutes Landlord Retaliation?
Landlord retaliation occurs when a landlord takes adverse action against a tenant for exercising a legal right. These rights include reporting health or safety violations, joining a tenants’ union, or complaining to a housing authority.
Landlords might not always admit that retaliation is their motive, but their actions and the timing can often speak volumes. Missouri’s landlord-tenant laws protect renters from being punished for asserting their rights, especially when those rights are tied to basic living conditions and legal protections. Some of the common signs of landlord retaliation include:
Sudden eviction threats: You receive a notice to vacate within days or weeks of reporting a repair issue or contacting a housing inspector. Even if the landlord claims it's a routine lease termination, the timing may suggest otherwise, especially if you were previously in good standing.
Unexpected rent increases: Your rent is significantly increased without warning shortly after you make a complaint. While landlords can raise rent with proper notice, doing so as a direct response to a tenant’s protected action could be considered retaliatory and unlawful.
Withholding of essential services: Your landlord deliberately cuts off utilities like water, electricity, or heat, claiming it's due to repairs or other vague reasons. In some cases, landlords might even disable appliances or lock tenants out of shared areas to make the living conditions unbearable.
Unjustified lease changes: You’re handed new lease terms that limit your access to amenities, shorten your tenancy, or impose burdensome conditions, often with little justification. For example, your landlord might suddenly prohibit guests, add fees, or restrict parking access without a reasonable explanation.
Verbal or written harassment: After you file a complaint or ask for repairs, the landlord starts making rude comments, sending intimidating messages, or threatening legal action without cause. These interactions may seem minor at first, but can escalate quickly and contribute to a hostile living environment.
If you run into any of these issues, you should know that the law can be on your side. With the help of a knowledgeable attorney, you can effectively fight back against retaliation.
Protected Tenant Actions Under Missouri Law
To determine if you're experiencing retaliation, it's important to look at what actions you're legally allowed to take as a tenant and whether your landlord is responding negatively to them. Missouri law doesn't tolerate landlords who try to punish tenants for standing up for their rights. Here are a few actions tenants can legally take without fear of punishment:
Reporting unsafe living conditions: Calling your local housing department about mold, broken plumbing, or other safety issues.
Requesting necessary repairs: Submitting maintenance requests in writing and keeping a copy for your records.
Filing complaints with city or state agencies: Contacting building inspectors, health departments, or other authorities.
Joining or forming a tenants’ union: Participating in organized tenant activities or advocacy efforts.
Testifying in legal proceedings: Acting as a witness in court or providing evidence in a legal case involving the landlord.
If you've done any of these things and your landlord responds with eviction notices or other punitive behavior, it's worth taking a closer look at your legal options.
Proving Retaliation in Missouri
Retaliation can be hard to prove because landlords may claim that they're acting for other reasons, like non-payment of rent or lease violations. However, tenants often have more power than they think. Missouri law recognizes certain patterns and timelines as potential red flags for retaliation. Here are a few steps you can take to help support your claim:
Keep written records: Save emails, text messages, and letters exchanged with your landlord. Note when issues were reported and how they responded.
Document repairs and conditions: Take dated photos or videos of any unsafe or unrepaired conditions in your home.
Track the timeline: Compare the dates of your complaints or reports with the timing of the eviction notice or other actions.
Get witness statements: Neighbors, repair workers, or others who know the situation may be able to support your side of the story.
Review your lease: Make sure you're familiar with your lease terms so you can spot any unjustified changes.
If you're able to show a clear link between your protected action and your landlord's retaliation, you may be able to defend against the eviction and even pursue legal remedies.
Defending Yourself Against an Eviction
Getting an eviction notice is stressful, but it’s not the end of the road. Tenants have the right to fight back in court, especially if they believe the eviction is retaliatory. Don’t ignore the notice or assume you’ll automatically lose. Here’s how you can defend yourself when facing eviction:
Respond to the eviction notice: Follow the instructions and timelines outlined in the notice, and file a written response if required.
Show up to court: Failing to appear gives the landlord the upper hand. Attending gives you a chance to present your side.
Present your evidence: Bring documentation, witness testimony, and any other materials that support your claim of retaliation.
Consider legal representation: An experienced Missouri attorney can help you build a strong defense and speak on your behalf in court.
Ask for repairs in court: If the property is in bad shape, you may be able to show the judge that the landlord failed in their duties before trying to evict you.
Missouri judges consider retaliation a valid defense in some eviction cases. If your landlord can't prove that the eviction is based on legitimate grounds, the court may rule in your favor.
Filing a Complaint or Taking Legal Action
If you're confident you're being retaliated against, you can take proactive steps outside of court to hold your landlord accountable. Several state and local agencies handle landlord-tenant complaints, and you may be entitled to compensation or other remedies. Here are a few ways you can take further action:
File a complaint with city inspectors: Unsafe living conditions can lead to official inspections and potential penalties for the landlord.
Contact the Missouri Attorney General's office: They may investigate repeated or serious landlord violations.
Report discrimination if applicable: If retaliation is connected to race, gender, disability, or other protected status, contact the Missouri Human Rights Commission.
Pursue a civil lawsuit: In some cases, tenants can sue for damages caused by retaliatory actions, like moving costs, lost wages, or emotional distress.
Seek injunctive relief: You may be able to ask a court to stop the landlord from continuing retaliatory actions or to force them to complete necessary repairs.
Even if you win your eviction case, additional legal action can help prevent the landlord from repeating the behavior with you or future tenants.
Contact Us Today
Being threatened with landlord retaliation after reporting serious issues is unfair—and often unlawful. Document everything, respond to eviction notices, and seek legal advice when needed. We serve clients in Brentwood, Missouri. Reach out to us at Foulk Law Firm LLC today to schedule a free consultation.