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If a tenant vacates on the day specified in a 60-day notice but hasn't paid rent for the remaining months, you can take action immediately. For example, if you served a 60-day notice in December, terminating the lease at the end of February, and the tenant fails to pay rent in January, you do not need to wait until the end of February to act. You can issue a notice to vacate for non-payment of rent right away. This approach simplifies your case, as it is easier to prove non-payment than to wait for a holdover situation. The tenant may leave unexpectedly, which could result in unpaid rent.