Can I file for eviction prior to tenant failing to vacate?

[Nat C.]

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.

[Che Chiu Wong]

Originally posted by @Nat C.:

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.

 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).