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If a tenant vacates on the day indicated in a 60-day notice but hasn't paid rent for the remaining months, the landlord can act quickly. For instance, if a landlord gives a 60-day notice to vacate effective at the end of February, but the tenant doesn't pay rent for January, the landlord shouldn't wait until the end of February to take action. It's advisable to issue a notice to vacate for non-payment of rent immediately. This approach is easier to prove than waiting for a holdover situation, and it could lead to the tenant departing sooner rather than accumulating unpaid rent.