As with all legal answers, the law is different in every jurisdiction, so no one here will be able to give you a definitive answer.In most jurisdictions, if the rental agreement is silent, and if the tenant has already been advised to leave, they are under no further obligation to provide a date at which they are going to leave, they are expected to vacate immediately. Now, it's clear with this tenant that they want to extend their unwelcome stay as long as possible, so the eviction hearing is appropriate."Consistent late payments" is interesting. Is this something that is part of your rental agreement? If not, it should be. In other words, you should have something like "Consistent late payments shall be defined as X or more late payments in a Y-month period, holidays and office closures notwithstanding" (you define X and Y). Hopefully, it's already in your contract.Anyway, if your tenant vacates before the eviction hearing can take place, your eviction hearing will usually just be converted to a breach of contract case, and you can use it to collect any back rent due, or any damages to the unit, and any other expenses that the pre-eviction vacation caused. You will have to use the hearing to collect any rent due caused by the tenant living in the unit beyond the rental period, as I'm certain the tenant will not pay rent when there is no contract.You have notified the tenant as required by statute that you will not be continuing the periodic lease. Failure to vacate is proper grounds for eviction.