# Can a Landlord Evict You for Reporting Mold? – Tenant Rights Guide

**Slug:** `can-a-landlord-evict-you-for-reporting-mold`
**Read time:** 13 min read
**Author:** Kristina Baehr, J.D.

_A landlord cannot legally evict you for reporting mold in most states. Federal and state laws protect tenants from retaliatory eviction._

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<h1>Can a Landlord Evict You for Reporting Mold?</h1>

  <p>No. A landlord cannot legally evict you for reporting mold in most states. Federal and state laws protect tenants who report habitability problems from retaliatory eviction, rent increases, and other punitive actions. If your landlord tries to evict you within 3-6 months after you report mold (the timeframe varies by state), courts presume the eviction is retaliation. The burden shifts to the landlord to prove they had a legitimate, non-retaliatory reason.</p>

  <p>These protections exist because mold is a habitability issue. You have the right to safe, livable housing. Reporting mold — whether to your landlord, a housing inspector, or a code enforcement officer — is a protected activity in 46 states. The moment you file that complaint, the clock starts on your legal protection window.</p>

  <h2>What Is Retaliatory Eviction?</h2>

  <p>Retaliatory eviction is when a landlord tries to evict a tenant, raise rent, or reduce services because the tenant exercised a legal right. Common triggers include reporting code violations, requesting repairs, joining a tenant union, or filing a complaint with a housing authority.</p>
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  <p>The law treats this as illegal retaliation because it punishes tenants for holding landlords accountable. If landlords could evict anyone who complained about unsafe conditions, tenants would never report problems. The entire habitability framework would collapse.</p>

  <p>Most states create a presumption of retaliation when a landlord takes adverse action within a specific window after a tenant's protected activity. California sets that window at 180 days. Arizona uses 6 months. New York applies a rebuttable presumption if the eviction happens within 6 months of a complaint.</p>

  <p>During that window, the landlord has to prove their action was not retaliatory. They have to show a legitimate reason — unpaid rent, lease violation, property sale — and prove it's unrelated to the complaint. Timing alone creates the legal presumption against them.</p>

  <h2>Federal Protections Against Retaliation</h2>

  <p>The <a href="https://www.hum.wa.gov/fair-housing/retaliation-housing">Fair Housing Act</a> prohibits retaliation when a tenant files a discrimination complaint or assists someone else in filing one. Section 818 makes it unlawful to "coerce, intimidate, threaten, or interfere with" anyone who exercised rights under the Act.</p>

  <p>This federal protection applies to discrimination complaints specifically — race, color, religion, sex, familial status, national origin, or disability. If your mold complaint is tied to a disability (asthma, respiratory illness), the Fair Housing Act's retaliation protections apply.</p>

  <p>For general habitability complaints that aren't tied to discrimination, most protection comes from state law. But the federal baseline matters. It sets a floor. States build on top of it.</p>

  <p>When mold affects someone with a documented disability, the landlord's duty to remediate can fall under reasonable accommodation rules. If the landlord ignores the complaint and then evicts the tenant, that creates both a failure-to-accommodate claim and a retaliation claim under federal law.</p>

  <h2>State-Specific Retaliation Laws</h2>

  <p>State laws provide the main shield against retaliation for mold complaints. Protection strength and presumption windows vary significantly by state.</p>

  <h3>California</h3>

  <p><a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1942.5.&lawCode=CIV">California Civil Code § 1942.5</a> makes it unlawful for a landlord to increase rent, decrease services, cause a tenant to quit involuntarily, bring an action to recover possession, or threaten any of those acts for the purpose of retaliation.</p>

  <p>If the landlord takes any of those actions within 180 days of a tenant complaint, California law presumes the action was retaliatory. The landlord must prove in court that the action was legitimate, non-retaliatory, and made in good faith.</p>

  <p>Protected activities include requesting repairs that affect habitability (plumbing, heating, mold, pest control), reporting unsafe conditions to code enforcement, and filing lawsuits raising habitability as a defense.</p>

  <p>Remedies include actual damages (moving costs, rent differential, lost wages) plus punitive damages of $100-$2,000 per retaliatory act if the landlord acted with fraud, oppression, or malice. Courts award attorney's fees to the prevailing party.</p>

  <h3>New York</h3>

  <p>New York Real Property Law § 223-b prohibits retaliatory eviction when a tenant complains to a government authority about code violations or organizes or joins a tenant association.</p>

  <p>If the landlord files for eviction within 6 months of the complaint, the tenant can raise retaliation as an affirmative defense. The burden shifts to the landlord to prove a good-faith, non-retaliatory reason.</p>

  <p>New York City has additional protections under the New York City Housing Maintenance Code. Tenants can file complaints with HPD (Housing Preservation and Development), and retaliation for those complaints is prohibited.</p>

  <h3>Texas</h3>

  <p>Texas Property Code Chapter 92 prohibits landlords from retaliating against tenants who request repairs, complain to government agencies, or exercise rights under the lease.</p>

  <p>The presumption window is 6 months. If the landlord files for eviction, raises rent, decreases services, or terminates the lease within 6 months of a complaint, the action is presumed retaliatory.</p>

  <p>Texas allows tenants to recover one month's rent plus $500, actual damages, court costs, and attorney's fees if they prove retaliation.</p>

  <h3>Georgia</h3>

  <p>Georgia Official Code Annotated (OCGA) § 44-7-23 prohibits retaliatory conduct when a tenant complains to a government agency about code violations or exercises rights under the lease.</p>

  <p>The presumption period is not explicitly defined in statute, but Georgia courts have applied a rebuttable presumption when eviction follows a complaint closely in time.</p>

  <p>Tenants can raise retaliation as a defense in eviction proceedings. If the court finds retaliation, the eviction is dismissed.</p>

  <h2>What Counts as Retaliation?</h2>

  <p>Eviction is the most obvious form of retaliation, but landlords retaliate in other ways:</p>

  <ul>
    <li><strong>Rent increases</strong> — Raising rent immediately after a mold complaint, especially if it's outside the normal lease renewal schedule.</li>
    <li><strong>Service reductions</strong> — Suddenly refusing to provide services previously included (trash pickup, parking, maintenance).</li>
    <li><strong>Lease non-renewal</strong> — Choosing not to renew a month-to-month or expiring lease shortly after the tenant reports mold.</li>
    <li><strong>Harassment</strong> — Excessive property inspections, threatening letters, unannounced visits, noise complaints filed against the tenant.</li>
    <li><strong>Repair refusal</strong> — Ignoring new maintenance requests from a tenant who filed a mold complaint, when those requests were previously handled.</li>
    <li><strong>False lease violations</strong> — Claiming the tenant violated the lease (unauthorized pet, noise, guests) shortly after a complaint, when those "violations" were previously ignored.</li>
  </ul>

  <p>Courts look at timing and pattern. A single action might have a legitimate explanation. A pattern of adverse actions following a complaint — especially multiple actions in quick succession — creates a strong inference of retaliation.</p>

  <h2>How to Protect Yourself When Reporting Mold</h2>

  <p>The best defense against retaliation is documentation. Create a paper trail from the start.</p>

  <ol>
    <li><strong>Put everything in writing.</strong> Email or certified mail. Don't rely on phone calls or verbal complaints. Written notice starts the legal clock and creates evidence.</li>
    <li><strong>Take photos and videos.</strong> Capture the mold, water damage, and any worsening conditions over time. Date-stamp everything. Photos prove the condition existed when you said it did.</li>
    <li><strong>Request an independent mold inspection.</strong> The landlord's inspector works for the landlord. An <a href="https://fastmoldtesting.com/services/mold-inspection">independent mold inspection</a> from a conflict-free company gives you lab-backed evidence. Fast Mold Testing's reports are formatted for housing authority filings and tenant-rights cases — inspections start at $250, with lab results in 1–2 business days after inspection.</li>
    <li><strong>Save all correspondence.</strong> Keep every email, text, letter, and notice from your landlord. If they suddenly start documenting lease violations or sending threatening notices after your mold complaint, that's evidence of retaliation.</li>
    <li><strong>Know your state's notice requirements.</strong> Some states require specific language in your complaint to trigger retaliation protections. California requires that you give the landlord reasonable time to fix the problem before withholding rent or taking other action.</li>
    <li><strong>File with the housing authority if the landlord ignores you.</strong> A formal complaint to code enforcement or the local housing department creates an official record. Many retaliation statutes explicitly protect tenants who file government complaints.</li>
  </ol>

  <h2>What to Do If Your Landlord Retaliates</h2>

  <p>If your landlord evicts you, raises rent, or takes other adverse action after you report mold, act immediately.</p>

  <ol>
    <li><strong>Document the retaliatory action.</strong> Save the eviction notice, rent increase letter, or lease non-renewal notice. Note the date and compare it to when you filed your mold complaint. The closer the timing, the stronger your case.</li>
    <li><strong>Respond in writing.</strong> Send a letter (email or certified mail) stating that you believe the action is retaliatory and citing your state's retaliation statute. This puts the landlord on notice that you know your rights.</li>
    <li><strong>File a complaint with your local housing authority.</strong> Cities with rent control or tenant protection ordinances often have enforcement divisions. They can investigate, mediate, and sometimes impose fines.</li>
    <li><strong>Contact a tenant rights organization.</strong> Many cities have legal aid clinics or tenant unions that provide free consultations. <a href="https://ipropertymanagement.com/laws/landlord-retaliation">iPropertyManagement's state-by-state guide</a> breaks down each state's retaliation laws and remedies.</li>
    <li><strong>Raise retaliation as a defense in eviction court.</strong> If your landlord files for eviction, you can assert retaliation as an affirmative defense. Bring your evidence: the mold complaint, the timeline, the landlord's response (or lack of response), and any proof of the landlord's retaliatory motive.</li>
    <li><strong>Consult a lawyer.</strong> Tenant-rights attorneys often work on contingency or sliding-scale fees. If you win a retaliation case, many states require the landlord to pay your attorney's fees.</li>
  </ol>

  

  <h2>Protect Your Rights With Independent Evidence</h2>

  <p>Landlords can't evict you for reporting mold, but they'll sometimes try. The law is on your side if you document everything and act quickly.</p>

  <p>An independent mold inspection gives you lab-backed evidence that can't be dismissed as exaggeration or tenant bias. Fast Mold Testing's <a href="https://fastmoldtesting.com/about">conflict-free inspections</a> start at <a href="https://fastmoldtesting.com/pricing">$250</a>, with lab results in 1–2 business days after inspection — fast enough to meet housing authority deadlines and document conditions before they worsen.</p>

  <p>If your landlord retaliates, you'll have the proof you need. If they don't, you'll know exactly what remediation is required. Either way, you're protected.</p>

## FAQ

**Q: Can a landlord raise rent after I report mold?**
A: Not if the rent increase is retaliatory. If your landlord raises rent within the presumption window (typically 3-6 months after your complaint), the increase is presumed retaliatory. The landlord has to prove the increase was planned before your complaint or justified by market conditions unrelated to your complaint. Sudden, out-of-cycle rent hikes following a mold report rarely survive scrutiny.

**Q: How long am I protected after reporting mold?**
A: It depends on your state. California protects tenants for 180 days after a complaint. Arizona, Texas, and New York use 6 months. Some states don't specify a window but apply a rebuttable presumption if the timing is close. Check your state's landlord-tenant statute or consult a local tenant-rights organization for the exact timeline.

**Q: What if my landlord claims another reason for evicting me?**
A: Landlords often claim non-retaliatory reasons — unpaid rent, lease violations, property sale. Courts look at timing, pattern, and credibility. If you've paid rent on time for years and suddenly get a 3-day notice for late rent two weeks after reporting mold, that's suspect. If the landlord documents a lease violation that was ignored for months until you complained, that's retaliation. Bring evidence of your compliance history.

**Q: Do I need a lawyer to fight a retaliatory eviction?**
A: Not always, but it helps. Many tenants successfully raise retaliation as a defense in eviction court without a lawyer, especially if the timeline is clear and the evidence is strong. Legal aid organizations and tenant clinics can help you prepare. That said, if the case is complicated or the stakes are high (you can't afford to move), a lawyer increases your odds significantly.

**Q: Can I withhold rent if my landlord won't fix mold?**
A: Some states allow rent withholding for habitability violations, but the rules are strict. California allows it under Civil Code § 1942, but you must give the landlord written notice and a reasonable time to fix the problem. Withholding rent without following the statute's requirements can get you evicted for non-payment, even if the mold exists. Escrow the withheld rent and document everything.

**Q: How do I prove my landlord is retaliating?**
A: Timing is the strongest evidence. If the landlord files for eviction, raises rent, or threatens you within days or weeks of your mold complaint, that's proof. Pattern matters too — multiple adverse actions after a single complaint. Credibility matters — if the landlord's stated reason doesn't match their past behavior (suddenly enforcing a rule they ignored for months), courts see through it. Your documentation — emails, photos, inspection reports — builds the case.
