Let’s discuss something often left unsaid: tenants suing landlords for retaliation. Sometimes, landlords overstep their boundaries and fail to abide by local landlord-tenant laws and the terms of their lease agreement. Unfortunately, not every landlord-tenant relationship is a positive one.
If a landlord attempts to punish a tenant for doing something they have the legal right to do, the tenant has options. In many cases, they can sue the retaliating landlord and recover money.
The real question is, how much can a tenant sue a landlord for?
The answer depends on the state in which the tenant is renting. Across the U.S., there’s a wide variation on how this all works, including:
- What type of damages the tenant can recover, including actual damage amount, attorney fees, and court costs
- The amount the tenant can recover, including actual damages, punitive damages, or a multiplier of 1 month’s rent
Use this guide to learn about how much tenants can sue retaliating landlords for. We’ll discuss what landlord retaliation is, what tenants can receive from the lawsuit, and the award amounts each U.S. state allows.
Important note: We recommend consulting a trusted legal advisor regarding your specific circumstances. Our guide doesn’t replace legal advice.
What is landlord retaliation?
Landlord retaliation happens when a landlord punishes a tenant for doing something within their legal rights, such as:
- Requesting necessary repairs and maintenance outlined in the lease agreement
- Voicing complaints about the rental unit’s condition
- Participating in a tenants’ union or a local neighborhood group
A retaliating landlord takes negative action against the tenant as a form of retaliation. The most common ways landlords retaliate against tenants are:
- Harassing or threatening the tenant
- Cutting off utilities or amenities
- Attempting to evict the tenant or break the lease
- Increasing the rent or charging the tenant fees
- Refusing to renew the tenant’s lease
When this happens, tenants often have the right to sue their landlord. However, state laws dictate the amount that tenants can sue for. Let’s take a closer look at how it works.
Costs Tenants Can Receive When Suing a Retaliating Landlord
Tenants who sue a retaliating landlord can usually recover costs related to the landlord’s misconduct. Most of the time, judges also issue injunctions or other non-monetary forms of relief. While not as common, tenants can even recover attorney fees or a civil penalty.
Here’s a breakdown of what tenants can receive when suing a landlord for retaliation:
Tenant’s Actual Costs (Actual Damages)
“Actual damages” is the legal term for the costs someone pays as a result of another person’s misconduct. In the context of tenants suing landlords for retaliation, examples of actual damages could include repair costs or moving expenses.
Courts often use actual damages to determine award amounts, so tenants should always keep payment records noting the actual damage amount.
Civil Penalties (Punitive Damages)
Some states have anti-retaliation laws that require offending landlords to pay tenants an additional civil penalty on top of actual damages. The extra amount is often referred to as punitive damages.
Courts typically calculate punitive damages as a multiplier of either actual damage costs or one month’s rent. However, the law doesn’t always cleanly divide between punitive and actual damages — as shown in the table below.
Attorney Fees
If a tenant sues their landlord for retaliation, they’re not always entitled to recoup the attorney fees. Most states treat attorney fees as a separate issue.
Hiring an attorney is often the most expensive part of a retaliation case. Before taking action, tenants will want to know the state’s policy on whether or not they can recover these costs from the landlord.
Non-Monetary Awards
Money isn’t always the primary concern in a retaliation case. Most anti-retaliation laws aim to protect tenants more than punish landlords. In some cases, tenants may benefit most from non-monetary awards such as:
- Canceling the rental agreement without penalty
- Getting a legal injunction to stop the landlord’s misconduct
How to Prove Landlord Retaliation
To prove landlord retaliation, tenants must establish a clear connection between their protected action and the landlord’s adverse response. Doing so often requires showing that the retaliation occurred shortly after the tenant requested repairs, reported a violation, or exercised another legal right.
Tenants should keep detailed records, such as written complaints, notices, receipts, and communication logs, to demonstrate both the timing and the impact of the landlord’s conduct. Courts generally look for a pattern that links the tenant’s lawful activity to the landlord’s misconduct.
Monetary Award Amounts for Retaliation by State
Since we’ve covered what landlord retaliation is and what tenants can receive from a lawsuit, here’s a helpful chart outlining the damages tenants can recover in each state:
| 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 |
Tenant Suing a Retaliating Landlord FAQ
Is it worth suing your landlord?
Since every situation is unique, always seek legal advice to make informed decisions that are best suited to you.
How much can you sue your landlord for?
The amount tenants can sue landlords for varies by state. Use our chart below to learn your local area’s legal policy.
How to prove landlord retaliation?
- Keep written records of communications.
- Hold onto receipts for any related out-of-pocket costs.
- Create a clear timeline linking the tenant’s action to the landlord’s retaliation effort.
