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Updated almost 10 years ago on . Most recent reply
Can I file for eviction prior to tenant failing to vacate?
I just bought a duplex and gave the tenants a notice of 15 days notice to vacate.
They don't have a lease and have paid until the end of August.
They have already stated they are not leaving at the end of the month.
My question is, can I lodge the eviction application now, to get a court date booked in or do I have to wait until the end of the 15 day period and then apply?
I imagine the courts are backed up and I will be waiting some time for my hearing date.
Most Popular Reply

Let's explore this a little bit deeper. Why do you want them to vacate?
You may have to wait until early next month to file eviction (for non-payment of rent). But there are different ways to encourage them to leave prior. For example, you can file for eviction with other causes (if applicable), or simply offer them a little bit of money to leave (Cash for keys). As an example, I just recently acquired a 2 family and there is a tenant who initially didn't want to leave. Normal process would have taken around 30 days to 60days but we manage to get the unit vacant in 1 week with Cash for Keys. Both sides are happy (the tenant got some money, I had the apartment back earlier and hence collect rents earlier).