What Rights Does a Landlord Have If a Tenant Breaks a Lease in Sacramento County?
If you're leasing out a house or apartment in Sacramento County, the lease protects you as well as the tenant. A tenant who commits to a lease commits to providing you with a steady rental income. If he attempts to break the lease and leave, you still have a right to receive rent checks while the apartment is unoccupied, though there are exceptions to this rule.
Rent Checks
If your lessee moves before the lease expires, he's not off the hook for the rent. You're entitled to receive money each month until the lease ends or you find a replacement renter, the Rental Housing Association of Sacramento Valley states. The law does require you to make a reasonable effort to replace your tenant, but you're also entitled to bill him for any reasonable advertising expenses. If he manages to find a replacement tenant before moving, you're entitled to vet the tenant as much as you would any other.
Deposits
If you haven't re-rented the apartment and your departing tenant refuses to pay, you have the legal right to keep the security deposit to cover the unpaid rent, as well as any damages to the property. If the unit stays unrented and the deposit doesn't cover your losses, you're also entitled to sue your former renter in small claims court. If you rent the unit immediately and there's no damage, however, the law says you have to return the deposit.
Abandonment
There's one situation in which the rights are on the tenant's side: If she moves out because of health or safety violations you fail to repair. State law guarantees tenants a livable apartment. If a tenant notifies you in writing of serious problems and you fail to fix them in a set period of time -- 30 days, in most cases -- she can notify you in writing that she intends to move and then do so, legally, unless she's responsible for the damage.
Definitions
Under some circumstances, you may have a rental agreement even if you intended to have a lease. If your tenant's lease expired and you didn't renew it, for example, it's now a month-to-month agreement. If you used a standard lease form and didn't check the box that identifies it as a lease or didn't set a specific ending date, legally it may be a rental agreement instead. A monthly renter need only give you one month's written notice to move out.
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