CA LL Breaking Lease - Written notice?

[janasmama]

We have allowed our tenants the option to move out before their lease is over without any extra fees because we have been having septic issues which is a long story.

They opted to give a 30-day notice and look for another place. Do we need to have that 30-day notice in writing?

If they weren't out at the end of the 30-days is there anything we could do about it anyway?

You should get the notice in writing. What if they say they never gave notice? Acknowledge their notice in writing, "We have rec'd your 30 day notice to vacate. If you vacate by xx/xx date and return the keys, leaving the runit clean and in pre-rental condition, we will give you a letter so prove no further obligation under the lease."

If they aren't out by that date, you need to file for eviction.

[janasmama]

I figured we would have to file for eviction.

I didn't get the notice in writing but under the contract, we can evict for any reason. So there wouldn't be any way to get them out faster than an eviction so a 30-day notice really doesn't matter in the long run.

While your contract may say you can evict for any reason, a court wouldn't uphold that. Only a month to month tenant can be terminated for no reason. A tenant with a lease must have a proven reason to evict. Failing to vacate after their 30 day notice is reason enough. Get it in writing and verify it back in writing. Tell the tenant that the accountant needs it or some other such thing and allow them to backdate it to when they gave you notice.