I gave a legal and properly served 30 Day Notice to Vacate. Lease states that after term of lease expires (as this is) then tenancy is month to month.
She is not my roommate. She is the tenant. I am landlord that owns the apartment building.
I believe your answer is wrong on several accounts.
I have never heard of having to file a 30 Day Notice to Vacate with the courts.
I have never heard of waiting 30 days from a court decision before evicting the tenant.
When I got to court for an Unlawful Detainer complaint then I give the judge a blank writ of Restitution which the judge fills out and gives back to me 48 hours later. I take that writ to the Sheriff's dept and as soon as they are available then they will stand by as I have the tenant's possessions moved to the street.
My question remains - Can a file the unlawful detainer lawsuit prior to the end of the tenancy in order to speed the expected eviction? Court date would be after the end of tenancy so at the court hearing the speculation of staying on would have been proven true.
Court hear also does not process motions until the court date. So if tenant were to file an answer this month stating that she was not currently staying over then that would be dealt with after the 1st and so if that is true then the case would be moot anyway.

