Tenant Fails to Notify Landlord of Guest

[Doug Hadley]

I have a new tenant that moved into our rental at the start of the month.  Listed on the lease agreement was herself and three kids, no one else.  Within a few days of move-in I start receiving calls and texts from our neighbors that the two sketchy dudes that have moved into our house look like trouble and appear to be dealing drugs.  We told them that we had not rented the property to anyone meeting that description.  I confronted the tenant about the men and she stated that one of them was a new boyfriend but only coming by occasionally to help with furniture construction and picture hanging.  Two and 1/2 weeks into the lease our neighbors have informed us that the boyfriend has been there almost everyday.  Our lease stipulates that if anyone not on the lease agreement who is staying more than 7 days in a month we are to be notified of this individual and who allow us to do a background check.

I confronted the tenant about this boyfriend and that he has been there more than 7 days (eyewitness from neighbor) and that we were concerned.  We wanted his name, SSN and driver's license.  Seems like a reasonable request.

Tenant (new lawyer) tells me that she is under no obligation to provide me that information.  We posted a Respond to Request notice on her door the next day.  She responded again that she would not be providing us his information, because he has only stayed the night 2-3 times.

I spoke with my lawyer to figure out a solution.  Obviously proving that he is spending the night is difficult without video inside the house.  My lawyer said that the best way to proceed is to get her for non-payment and file for eviction.

Today she is due to pay the second half portion of the pet deposit($250/500).  We made an amendment to the contract so that she could pay us a couple weeks later, thinking we were being helpful.

If she does not pay today, should I file the eviction notice and start the process to get rid of this deceiving tenant??  The trust is gone, doubtful it will return in the next 11 1/2 months.