He's always been somewhat apathetic about his landlording.
The property in his name and was purchased long before we even met. It's nearly paid off and he doesn't see it as costing him when in reality it does, but that's a whole 'nother issue.

We have separate accounts and don't co-mingle our finances really.

I will probably assume responsibility of the rentals after this situation has been resolved.

After some reading of state laws, since a verbal agreement exists for rent and she has paid rent in the past I couldn't take kombat's suggestion unless I want to assume liability for damages incurred. However, I could take her property or sell it for back rent according to the law. That seems a little a bit contradictory and I'm still reading up on it more for edification than action though.

And since there was no agreed upon length of lease, verbal or otherwise, it is considered month to month.

And peachy, I agree! She's definitely starting to meet the definition of nutty!

In Illinois, that is called Distress for Rent, and requires a court action as well. It is rarely used, because it is usually more efficient to file an action for possession and rent. Plus, it is really easy to run afoul of the statute and get yourself in trouble... i.e. there are certain types of property that cannot be seized, make a mistake, and your are liable to the tenant for TWICE the value.. Seize too much, and you are in trouble.

As a landlord myself; I would do a couple of things.

First I would send the tenant not paying rent a certified letter stating that she has not paid rent or made any home repairs in the last eight months, and according to the verbal agreement set forth by your husband, she has broken the agreement from failure to pay and has three days to vacate. Be sure to state the exact dollar amount with an itemized list in case it goes to court. Don't accuse just state facts in the letter.

Next, I would contact your local authorities and ask them what the best way to evict a tenant is and also tell them that you have contacted the tenant about possible eviction. I know that it is sometimes hard being the bad guy and we get sympathetic to situations as humans, but the fact is that she is literally stealing money from you by not paying for rent.

If her rent was say $600 a month times 8 months that’s $4800 that she has stolen from you- she’s a thief. I don’t feel bad for people who take advantage of people’s kindness. It’s not right.

And next time please, please get contracts. Most states don't need a notary for a rental contract. Here's a website: www.ezlandlordforms.com

I agree with this but make sure you give her the correct number of days as required by your state, if your state has such a requirement. Illinois requires 5 days (from receipt) and proof that it was received (signed certified receipt works so does the affidavit of a process server).

You might check with the clerk of the local court to see if there are forms available. Ours has all sorts.

No. Many states have adopted a version of the Uniform Landlord Tenant Act. She does not have to prove she is living there beyond a trivial statement. If she is living there she is a tenant and has a lot of rights. You can't sell her stuff, ever without paying her triple the value. You can't evict her without due process. You can't change the locks without paying her hotel bills until you give he a key.

There are ways to get rid of "squaters" but it can be difficult and time consuming.

I don't have a philosophical issue with what Amber suggests. But there are a few issues to consider. First, as bpqui says, the number of days must be legal. You can really screw up the process if you don't follow the law. Second, while verbal agreements are perfectly fine in many situations, real estate agreements (even rentals) usually have to be written and often must be recorded if they exceed 1 year.

The rest of the advice about contacting local authorities is spot on. Many jurisdictions have services to mediate landlord-tenant disputes because they are so common.

After further reading, it appears 10 days notice is the norm under a month-to-month, but when the agreement is broken such as in the case of non-payment of rent then it can be 5 days notice to vacate.

I have not come across any specific law regarding a written agreement after 1 year. In this situation I'm not sure what the ramifications are if the law does exist in my state.

As the situation stands currently Zack has agreed to sign a lease and had no problem at all with it. I didn't think he would. So I'm working on getting a lease drawn up, have looked at Legal Zoom and EZlandlordforms both.

Thanks all for the advice!

If your state requires a written agreement for a real estate lease then all that probably means is that since you don't have one the state will apply a default lease. Any court would look at what the law is in your state and what is reasonable. Some states go WAY overboard in protecting tenants and it can be very difficult to kick someone out. Other states make it fairly easy for landlords IF THEY FOLLOW A SPECIFIC PROCESS.

It comes down to getting some proper advice from someone competent in your area, preferably someone from your local county attorney's landlord/tenant office if they have such a thing.