To Evict or Not To Evict, That is the Question!

[Justin B.]

We have a tenant who we gave a 30 day notice to, throw a **** fit because the seller's realtor didn't tell him we intended on moving in after closing. He told us he can't move until Octoberish, and we did notice him packing his stuff up, but here's the deal

1. We can't stay in our apartment anymore, we are subleasing it to my father who needs to be in here right after that 30 days because his lease is up for his apartment.

2. Mortgage and Insurance stipulate we have to live in the property X days from closing.

3. He's hasn't paid us this month's rent, on top of the late fee

4. Won't return our phone calls

5. Is letting his dog go upstairs and **** all over the attic (we have pictures)

We don't want cement poured down our toilet or anything, but we NEED to move in this place.

Should we file for eviction right away or let him live there till he leaves in Octoberish (but what will my dad do?)

Really appreciate any help with this!