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He can be legally evicted. He has the rights of a month to month tenant. This is true whether or not he pays rent.
As a month to month tenant you can terminate his tenancy with 30 days notice. If he does not vacate within 30 days you will need to file a forcible detainer in the local court to obtain a writ of ejectment. The writ is then placed with the sheriff who will then evict him and his child. It is not illegal to evict in the winter.
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