Auburn repealed its just cause eviction code, but many requirements remain in effect, which impact Auburn residential landlords–including in eviction cases.
Under the Auburn Municipal Code, “failure of a landlord to comply with any of the provisions of the Auburn landlord-tenant statutes “shall provide the tenant with a defense in any legal action brought by the landlord to recover possession.” This provision remains in effect despite the repeal of the just cause eviction laws.
Resources Document
Auburn landlords must serve the officially sanctioned resources documents (“Renting in Auburn”) when the landlord serves an eviction notice (Notice to Pay Rent or Vacate, Notice to Comply or Vacate, Notice to Terminate Tenancy, Nuisance Notice). Failure to serve the resources document may result in a dismissal in court.
Information Packets
Landlords are required to provide all tenants and all prospective tenants with an information packet (“Renting in Auburn”). This packet must be provided when a rental agreement is offered, at renewal, and to all tenants who had an existing tenancy when the law was enacted.
The initial packet must be in hard copy form and the landlord must obtain the tenant’s signature acknowledging receipt, or if the tenant refuses to sign then a sworn declaration of the landlord establishing when and where the landlord provided the packet.
Screening
In addition to state and federal laws, Auburn residential landlords must also comply with local screening laws. Auburn laws require the landlord to disclose screening criteria to all tenants and also provide a website address where tenants can find information “about the property and its landlord.”
Consult With an Attorney
Landlord-tenant laws are far more complex than in the past. And more strict. Consult with an attorney familiar with Auburn landlord-tenant law before taking any action.