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If the tenant has vacated the premises, there is no need to obtain an eviction order. Once you got to court, if the tenant appeared and said they moved out, the case would be dismissed. That means you'd have paid the filing fee and gone to court for nothing. You only need the eviction if you can't tell whether the tenant has left or not, and they're refusing to tell you. You can, however, still file a small claims case for any rent you're owed or the cost of repairing any damage to the premises not covered by a security deposit.