Walk It Through: The Complaint
Protection for 6 months, no lockout without a warrant, and up to 3 months' rent.
A tenant reports a broken heater to the city housing inspector, and soon after the landlord sends a notice ending the tenancy.
Two things a person in this spot might do. Picking one shows what the law says about it.
One apartment and one complaint. Rent escrow, the eviction case for unpaid rent, and a case against a tenant holding over are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Rent escrowThe tenant's action to pay rent into court over a defect that is a fire hazard or a serious and substantial threat to life, health or safety, once the landlord fails to repair within a reasonable time.
- RetaliationBringing or threatening an action for possession, raising rent or cutting services because the tenant complained in good faith, took part in a lawsuit or tenants' organization, or because someone called the police to the property.
- Holding overStaying past the end of the lease or tenancy after proper notice, which leaves the tenant owing the actual damages it caused, never less than the rent apportioned for the period. A month to month tenancy takes 60 days' written notice.
- Search warrantA judge's warrant issued on a sworn application establishing probable cause. The search has to be made within 10 calendar days after it is issued.
- Warrant of restitutionThe court's warrant putting the landlord back in possession, executed by a sheriff or constable, which can issue only after 7 days pass without the tenant complying with the judgment.
- Willful diminution of servicesIntentionally interrupting heat, running water, hot water, electricity or gas to force a tenant out, one of the ways a landlord may not take possession.