Does my rogue tenant's niece have any rights?

[Luke Baumbach]

In December one of my tenants went rogue. After many attempts to reach him, I got in touch with his family who said he had a heart attack, was in the hospital, and not doing well. 

In the interim, his niece said she was "taking over his finances" and moved into his unit. Later on, after searching the court records,I discovered that he was charged with two class B felonies, making it very unlikely that he'll return any time soon.

I wasn't sure on his status, so I never had his niece sign a new lease agreement with me. The only lease is the one with the former tenant, who is now in jail.

Fast forward a few months.

She's paid every month, but late, and I need to be prepared in case I do need to file for eviction. 

1. In the current arrangement, when she hasn't paid, should I be sending 5 day notices in her name or the absentee tenant?
2. Should I have her sign a new lease or is it easier to get her out without it?
3. Does she have any rights since she's been living there for 5 months and paying me rent, but has no signed lease agreement?

Any other thoughts much appreciated.

Thanks,
Luke

[Charles Carillo]

@Luke Baumbach

I would have her complete a new application, provide pay stubs, pay the fee, perform a background check and then sign a new lease. If she does not want to do this; you need to speak to your real estate attorney.

Honestly, I would be very wary of what is happening. They are lying to you already. I would probably give a call to my real estate attorney first before doing anything else.