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Complaints, Organizing, and Retaliation

Read this in: Español

Author: Daniel Rezai

Maybe your landlord is not making repairs. Maybe your rent went up without proper notice. Maybe conditions in the community feel unsafe. Whatever the problem is, you do not have to stay quiet about it.

You can file a complaint, talk to a reporter, organize with your neighbors, or take your landlord to court. Your landlord cannot punish you for doing any of these things. That protection is called anti-retaliation.

This article explains what the law protects, what retaliation looks like, and what to do if it happens to you.

What the law protects

Your landlord cannot take action against you because you:

  • Filed a complaint against the community
  • Contacted the press or media about conditions in the community
  • Formed or joined a tenant union or association
  • Filed an action in court against the landlord
  • Complained to a government agency
  • Testified against the community owner in court

If you believe your landlord is trying to punish you, contact your local legal aid office right away. 

The sooner you act, the better.

What does landlord retaliation look like? 

Retaliation is when your landlord takes action against you specifically because you exercised your legal rights, such as complaining to a local agency or organizing with other tenants.

Retaliation can look like your landlord raising your rent while everyone else's stays the same, or telling you they will not renew your lease after you filed a complaint. The key is that the action targets you and not your neighbors, and the landlord is doing it because of something you did to assert your rights.

Under current Virginia law, retaliation generally has to be fairly obvious. This means there usually needs to be a clear connection between your activity and your landlord's action. It is not always easy to prove.

If you think your landlord is retaliating against you, contact your local legal aid office as soon as possible. Document everything, including dates, what your landlord said or did, and how your situation differs from your neighbors.

Can I organize with my neighbors?

Yes, you and your neighbors can form a tenant union or association. Your landlord cannot punish you for doing this.

A tenant union can give you more power when dealing with your landlord. This is especially helpful on issues that affect the whole community, like rent increases, repairs, or a potential sale.

Organizing is especially important if your community is being sold. A group representing at least 25 percent of tenants with valid leases has the right to submit a competing offer to buy the community.

How do I file a retaliation complaint?

What you file depends on what the problem is. There are three main options.

Unlawful exclusion

Unlawful exclusion is when your landlord cuts off your access to your home or utilities without a court order. Examples include shutting off your water or gas, changing your locks, or preventing you from entering your home. If any of these happen, you can file an unlawful exclusion claim in General District Court. Contact legal aid right away if this happens to you.

Tenant's assertion

A tenant's assertion is a legal process that lets you ask a court to order your landlord to make repairs. You can use this when there is a health or safety problem in the community, such as a water main leak, a failing septic system, or potholes causing vehicle damage.

To file a tenant's assertion, you must first send your landlord a written notice describing the problem. If your landlord does not fix it within a reasonable time, generally 30 days or less, you can file your assertion in General District Court.

There are two important requirements. You must be current on your rent when you file. You must also continue paying your monthly rent into an escrow account with the court to keep your case active. Falling behind on rent at any point can stop you from using this process.

Read more about filing a tenant’s assertion.

Local code enforcement

You can also contact your local building and code enforcement office and ask them to inspect the community. If they find violations and issue a notice, that document becomes useful evidence in any legal action you take against your landlord.

For any of these options, contacting your local legal aid office first is a good idea. They can help you figure out the best path forward for your situation.

If you are worried about speaking up

It is understandable to feel nervous about complaining when you live in the community and depend on your landlord for your lot. But the law is designed to protect you, and it only works if you use it.

If you are concerned about what might happen, talk to a legal aid attorney before you act. They can help you understand your options and what to expect.

Where can I get free or low-cost help?

Things to remember

  • Your landlord cannot punish you for filing a complaint, contacting the press, organizing with neighbors, or taking them to court. That protection is called anti-retaliation.
  • Retaliation usually has to be clear and direct. There must be an obvious connection between something you did and how your landlord responded.
  • Document everything. Write down dates, what your landlord said or did, and how your situation differs from your neighbors'.
  • You and your neighbors can form a tenant union. If your group represents at least 25 percent of tenants, you may have the right to submit a competing offer if the community is being sold.
  • If you think your landlord is retaliating against you, contact your local legal aid office as soon as possible.