Retaliatory eviction - Citizens Advice

Shelter Cymru & Citizens Advice CymruMaking rights real: preventing retaliatory evictions in WalesPenaltiesNumerous statutes describe the penalties available to tenants if they have been subject to retaliatoryeviction:• In Texas, if a landlord retaliates against a tenant, the tenant may recover a civil penalty of one month’srent plus $500, actual damages, court costs, and reasonable attorney’s fees, minus any delinquent 34• In Delaware tenants may recover three months’ rent or treble the damages sustained by the tenant,whichever is greater, together with the cost of the suit but excluding attorneys’ fees 35• In New York landlords may be subject to civil action for damages and other relief ‘as may bedetermined by a court of competent jurisdiction'. 36Rent withholding / ‘repair and deduct’Protection from retaliatory eviction strengthens tenants’ abilities to use their rent money to get workcarried out. This is permitted in 42 US states 37 and there is also a rarely-used procedure in UK law. 38There are two basic possibilities for tenants to use rent to get work carried out:• Rent withholding – whereby tenants hold back some or all of the rent to encourage the landlord tocarry out repairs. Many tenants resort to this tactic in the UK, although it is not provided for in law andleaves the household vulnerable to eviction.In the US, states that permit rent withholding often require individuals to pay the rent money into thecourt, a neutral third party or escrow account until the dispute is resolved. Landlords may requestmoney to be released for repairs. In some US states it is possible to defend a possession claim fornon-payment of rent by claiming the accommodation is unfit.Lodging rent with a tribunal until disputes are resolved is also permitted in New South Wales, SouthAustralia and Victoria.• ‘Repair and deduct’ – whereby tenants carry out the work themselves and deduct the cost from therent. There is a procedure established in UK case law 39 that allows tenants to do this, although itis rarely used due to its complexity, the risk of retaliatory action, and the necessity of having fundsavailable to carry out work.‘Repair and deduct’ is permitted in more than half of US states and some major cities. State lawsspecify the details such as the maximum amount of rent you can use for repairs (for example, onemonth’s rent) and the frequency with which you can use the remedy (for example, once in an 18-monthperiod).34 Texas Property Code s.92.333 (1995)35 Delware Code Annotated Title 25 Section 5516 (1975)36 New York Real Property Law s. 223-B (Consol.1979)37 For more information see www.nolo.com38 http://www.sheltercymru.org.uk/get-advice/get-advice-online/repairs-and-bad-conditions/repairs-in-private-tenancies/tenants-doing-repairs39 Lee-Parker v Izzet (1971)18