Legal Question in Landlord & Tenant Law in New York

Tenants moving out before end of lease

The tenants I have living in my two-family home (I live in the other side) have been pains in the ass since they got here. I had a 2 month notice clause in my lease and they give me notice at the end of February that they would be moving at the end of April (the lease wasn't up until January 2010). I also have a clause in my lease for attorneys fees. We had a LOT of problems and back and forth with them since then, but I made it clear that if they tried to skip out early, I would sue them for rent, attorneys fees and anything else I could. I explained that security deposit was not to be used as rent and would only be returned after the had vacated and left the apartment in good condition. We did all of this through email, so I haToday I noticed they were up at the crack of dawn today moving stuff out. With the first of the month coming, I am afraid they are trying to skip out on April's rent, which means I can't pay my mortgage.

What can I do? They have a 5-day grace period to pay their rent. If I don't have the rent by April 5th, and they are clearly gone from the apartment, do I still have to serve them with a 3-day notice, or can I just serve them with summons and complaint for damages April's rent, attorneys fees, etc?

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