Retaliatory Eviction
An eviction filed by a landlord to punish a tenant for exercising a legal right, such as reporting code violations or requesting repairs.
A retaliatory eviction happens when a landlord tries to remove a tenant as payback for doing something the tenant has every right to do. This includes reporting health or safety problems to the city, asking the landlord to make repairs, or joining a tenants’ rights group. Landlords are not allowed to punish tenants for standing up for themselves.
In Minnesota, retaliatory eviction is illegal. If a landlord files an eviction within 90 days of the tenant making a good-faith complaint (such as calling the city about a broken furnace or mold in the apartment), the tenant can raise retaliation as a defense in court. The timing matters: the closer the eviction is to the complaint, the stronger the argument that it was retaliatory.
The protection also applies to other lawful actions, such as contacting a housing inspector, withholding rent for serious repair issues (when done properly under Minnesota law), or organizing with other tenants. If a court finds that the eviction was retaliatory, it can dismiss the case.
Why it matters: Knowing about retaliatory eviction protections means you do not have to choose between living in unsafe conditions and keeping your home. You have the right to report problems without fear of losing your housing. If you believe your landlord is retaliating, the law is on your side.
Example: Tom rents a house in Rochester. He calls the city inspector because his landlord has not fixed a leaking roof for months. Two weeks later, the landlord files to evict Tom, claiming a minor lease violation. Because the eviction was filed within 90 days of Tom’s complaint, Tom can argue in court that this is a retaliatory eviction. If the judge agrees, the eviction case can be dismissed.
When you face eviction shortly after complaining about housing conditions, reporting your landlord, or joining a tenant organization