What is 'retaliatory eviction'?

Retaliatory eviction refers specifically to the act of evicting a tenant in response to them exercising their legal rights, such as reporting unsafe living conditions or asserting their rights to repairs mandated by law. This concept is important in property management and rental agreements because it is designed to protect tenants from being penalized for standing up for their lawful rights.

When a tenant takes action that is within their rights—such as filing a complaint with a housing agency or organizing a tenant's union—an eviction that follows shortly thereafter can be considered retaliatory. Laws in many states, including Oregon, prohibit landlords from evicting tenants as a form of retaliation, to ensure that tenants do not feel discouraged from asserting their rights due to fear of losing their home.

In contrast, evictions for non-payment of rent, violating lease terms, or without proper notice are based on different grounds that do not involve retaliation against a tenant’s lawful actions. These other reasons are legitimate in the eyes of landlord-tenant law and do not carry the same legal implications as retaliatory evictions, which could lead to legal consequences for the landlord.