Tenants often have the option to sue and recover money from a retaliating landlord. There is wide variation on the type and amount a tenant can recover, depending on the state.
What Can Tenants Receive When Suing a Retaliating Landlord?
Tenants who sue a retaliating landlord usually can recover costs related to the misconduct. Judges often also issue injunctions or other non-monetary forms of relief. It’s less frequent, though not uncommon, to recover attorney fees or a civil penalty.
Tenant’s Actual Costs (Actual Damages)
“Actual damages” is the legal term for costs someone pays as a result of someone else’s misconduct, like moving expenses. It is very important to keep written evidence of actual damages. Courts often use actual damages to determine the total amount for an award.
Civil Penalties (Punitive Damages)
Some anti-retaliation laws make landlords pay an extra civil penalty (punitive damages) to tenants on top of actual damages. Punitive damages are usually calculated from a multiplier on either costs or rent. The law doesn’t always cleanly divide between punitive and actual damages, as shown in the table below.
Attorney Fees
Attorney fees do not count as a retaliation cost by default. They are a separate issue. An attorney is often the most expensive part of a retaliation case, so it’s important to know if tenants can recover this cost from the landlord.
Non-Monetary Awards
Money is not the most common or useful reward for winning a retaliation case. Anti-retaliation laws aim to protect tenants more than to punish landlords, so enriching tenants is not a focus. Tenants may benefit most from canceling the rental agreement, or getting an injunction to stop the landlord’s misconduct.
Monetary Award Amounts for Retaliation
| State | Damages Recoverable | Attorney Fees? |
| Alabama | Actual Damages or 3x Monthly Rent (whichever is greater) | Yes |
| Alaska | 1.5x Actual Damages | Yes |
| Arizona | 2x Actual Damages or 2x Monthly Rent (whichever is greater) | Yes |
| Arkansas | None | No |
| California | Actual Damages, Plus Up To $2000 Punitive Damages Per Retaliatory Act | Yes |
| Colorado | 3x Actual Damages or 3x Monthly Rent (whichever is greater) | Yes |
| Connecticut | Actual Damages | No |
| Delaware | 3x Actual Damages or 3x Monthly Rent (whichever is greater) | No, Only Court Costs |
| District of Columbia | Actual Damages | Yes |
| Florida | Actual Damages | Yes |
| Georgia | Actual Damages, Plus (If Retaliation Was Deliberate) Punitive Damages | No |
| Hawaii | Actual Damages | Yes |
| Idaho | Actual Damages | Yes |
| Illinois | 2x Actual Damages or 2x Monthly Rent (whichever is greater) | No |
| Indiana | Actual Damages | Yes |
| Iowa | Actual Damages | Yes |
| Kansas | Actual Damages or 1.5x Monthly Rent (whichever is greater) | No |
| Kentucky | Up To 3x Monthly Rent | Yes |
| Louisiana | Actual Damages, Possibly Plus Punitive Damages | Yes |
| Maine | Actual Damages | No |
| Maryland | Up To 3x Monthly Rent | Yes |
| Massachusetts | 1x-3x Monthly Rent | Yes |
| Michigan | Actual Damages | No |
| Minnesota | $1,000 per occurrence of retaliation | Yes |
| Mississippi | Unclear | No |
| Missouri | Unclear | No |
| Montana | Actual Damages or 3x Monthly Rent (whichever is greater) | Yes |
| Nebraska | 3x Monthly Rent | Yes |
| Nevada | Actual Damages Plus Up To $2500 | Yes |
| New Hampshire | Up To 3x Monthly Rent | No |
| New Jersey | Actual Damages | No |
| New Mexico | 2x Monthly Rent | Yes |
| New York | Actual Damages | Yes |
| North Carolina | Actual Damages | No |
| North Dakota | Unclear | No |
| Ohio | Actual Damages | Yes, With Proven Damages |
| Oklahoma | None | No |
| Oregon | 2x Actual Damages or 2x Monthly Rent (whichever is greater) | Yes |
| Pennsylvania | Actual Damages or 2x Monthly Rent (whichever is greater) | Yes |
| Rhode Island | Actual Damages or 3x Monthly Rent (whichever is greater) | Yes |
| South Carolina | Actual Damages or 3x Monthly Rent (whichever is greater) | Yes |
| South Dakota | 2x Monthly Rent | Yes |
| Tennessee | Actual Damages | Yes |
| Texas | Actual Damages, Plus Punitive Damages of Rent + $500 | Yes |
| Utah | Actual Damages | Yes |
| Vermont | Actual Damages | Yes |
| Virginia | Actual Damages | No |
| Washington | Actual Damages | Yes |
| West Virginia | Actual Damages | No |
| Wisconsin | 2x Actual Damages | Yes |
| Wyoming | None | No |
Sources
- 1 765 ILCS 721/10
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If the landlord acts in violation of this Act, the tenant has a defense in any retaliatory action against the tenant, and a landlord shall be subject to a civil action for damages and other appropriate relief, including, but not limited to, the following remedies:
(1) terminate the rental agreement and, if the rental agreement is terminated, the landlord shall return all security and interest recoverable under the Security Deposit Return Act and all prepaid rent;
(2) recover possession of the premises if the landlord has dispossessed, threatened to dispossess, or is in the process of dispossessing; and
(3) recovery of an amount equal to and not more than 2 months’ rent or 2 times the damages sustained by the tenant, whichever is greater, and reasonable attorney’s fees.
Source Link - 2 Minn. Stat. § 504B.212(3)
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If a landlord, an agent, or other person acting under the landlord’s direction or control unlawfully and in bad faith violates this section, the tenant may recover from the landlord up to $1,000 per occurrence and reasonable attorney fees.
Source Link
