More Than 40 Years Of

Legal Experience

Photo of John E. Lange III

This is an Advertisement

  1. Home
  2.  » 
  3. Real Estate
  4.  » What is retaliatory conduct in a landlord-tenant dispute?

What is retaliatory conduct in a landlord-tenant dispute?

On Behalf of | Feb 27, 2023 | Real Estate

For Kentucky renters and property owners, the objective is to have a fruitful agreement where both sides are satisfied. That includes the renter adhering to the rules of the property and maintaining it in a safe manner. It also means the owner provides all of the basics while doing repairs as needed and responding to complaints in a timely manner.

However, it is undeniable that landlord-tenant disputes are common and they can sometimes escalate. If a landlord is accused of retaliating against a tenant, there are steps the tenant can take to be compensated.

From the landlord’s perspective, they have certain rights that, if exercised, would not be considered retaliatory. For these cases, it is wise to have a basic understanding of the law and to have help to try and address common challenges.

When would a landlord’s activities be considered retaliatory?

Tenants have the right to complain about problems with the property without fear of retaliation. A landlord cannot bring an action for possession of the property, raise the rent or reduce the services provided in certain instances. These include the tenant making a complaint over the landlord not adhering to the codes for health and safety, not doing repairs and providing services as needed or the tenant forming or taking part in a tenant’s union or group.

Despite these rules, the landlord does have the right to pursue possession if the code violation was because the tenant or another person in the residence did not exercise reasonable care; the tenant has not paid their rent; or to comply with the building codes, the property must be altered, remodeled or demolished making it necessary for the tenant to vacate.

Landlords and tenants should know the importance of legal assistance

Landlord-tenant disputes are frequently seen in terms of “right” or “wrong” depending on a point of view. The tenant is commonly viewed as the victim, but the landlord has rights, especially if there is a problem with the tenant and the landlord is accused of retaliation. The law provides protections that should be known when there is a disagreement over issues large and small.

When there are problems with a property and it is believed that retaliatory behavior is occurring from the landlord, it is useful to have legal advice to address it. Consulting with professionals who understand real estate law and are skillful at forging solutions can be crucial to reaching a positive result.