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Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
I need to ask a few questions before I comment..
1 Can you tell me what state you are in?.
2 How long has she been living there?.
3 And the lease agreement is verbal, correct?
4 And she is 2 months delinquent on the rent, correct?
Ok, if she is late on the rent under the oral lease agrement, you can give her a written 5 day notice to pay or vacate and if she doesn't pay, you can then proceed to legally evict her through the courts.
You can proceed with a formal eviction through the courts on the 6th day after giving her notice to pay or vacate if she didn't pay everything due. You would file a complaint in the local Justice court for forcible entry and detainer. The court would then schedule a hearing and would then award you a judgment. Then you can file for a writ of restitution 5 days later and have the sheriff physically remove her.
That is the first route....a notice of nonpayment. But if you just want her out, you can also give her a 30 day notice to terminate her tenancy at the same time as the 5 day notice....so two notices.
The 30 day would terminate her tenancy whether she paid or not. The 5 day would give you the right to terminate and evict sooner if she didn't pay the rent.
The fact that there is not a written lease doesn't matter here as she is just a month to month tenant by default unless there is a written fixed term lease.