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The coronavirus pandemic brought about moratoriums on evictions since so many had issues paying their rent. While those moratoriums are constantly changing, we’ll focus on four basic situations where a landlord cannot evict you, so you know your rights in the future.

1. If you’re a protected tenant.

Some states or counties classify specific situations where a person can become a protected tenant. A protected tenant can be very difficult to evict, even if they don’t pay the rent.

While protected tenants vary according to location, they can be awarded such status for being a specific age, such as 62 or older. Living on a property for a certain amount of time, such as 10 years, can also give you protected tenant status.

2. If the eviction is based on discrimination.

Discriminatory evictions are illegal. They can occur if a landlord wants to evict a tenant only because they’re part of a particular class.

For example, a landlord can’t evict someone because they disagree with their religion. They also cannot evict a tenant simply for the color of their skin.

Under the Federal Fair Housing Act, there are seven classes of people that are protected against discrimination. These protected classes include:

• Sex
• Race
• Color
• Religion
• Disability
• National origin
• Familial status

Beyond those federally protected classes, some states may have some of their own.

To give a more specific example of discriminatory eviction, consider this scenario:

You moved into an apartment with your wife a year ago. Everything was fine until she got pregnant. With the baby on the way, the landlord wants to evict you because they fear eventual crying, screaming, etc., from the newborn that could upset other tenants. The landlord cannot evict you, however, as this would be discriminatory against families.

3. If the eviction is retaliatory.

A landlord cannot evict you after an argument. Such retaliatory eviction is illegal. They can only evict for breaches of contract, nonpayment, etc.

So, if you report the landlord to the health department because they didn’t fix a mold issue, they can’t evict you. That would be retaliation. If you slipped and fell in a construction area that wasn’t properly marked and try to sue the landlord, they cannot evict you as retaliation for that either.

In general, whenever a landlord tries to evict a tenant within three to six months after a complaint or legal action, that’s seen as retaliation and is not legal.

4. If the eviction is due to you withholding rent for a safety or health issue.

If you don’t pay the rent, the landlord usually has the right to evict you. But if you don’t pay a portion of the rent due to a safety or health issue, that’s a different story.

For instance, let’s say you have an agreement with the landlord where they pay your utilities.
They failed to pay the utilities, causing your lights to be shut off. To get them back on, you paid the utility company out of pocket. For the next month’s rent, you deducted what you paid in utilities.

This angered the landlord, as they wanted the entire rent amount. They cannot evict you, though, since they failed to address the safety or health issue.