Eviction arguments with tenant's unauthorized roommate

[Jennifer A.]

Long story short.  My inherited tenant moved someone in in mid-June without my knowledge.  No written lease as refused to sign one (I should have terminated then but was paying in full).  Only after serving the 5 day notice in September (which was cured) and then the 14 day notice for non-payment of October rent (only half was paid prior to my 14 day notice) am I informed there is a roommate.  As a result, I included the roommate's name on the eviction (even though I have no agreement with that person).  The roommate is fighting the eviction as she claims she paid rent through December by paying all of September and half of October. 

The law doesn't address whether or not she is actually a tenant.  To be safe, I included her on the eviction and she maintains that was improper and is trying to get it dismissed.  Thoughts?

On the other hand, she is now arguing that I can't evict her because she's paid her September, October and November rent.  Her allegation seems to be that I only have the grounds to evict the actual tenant who failed to pay his half of September, October and November.    Thoughts?

It is my opinion that both are ridiculous arguments, but the law doesn't address these questions.

[Thomas S.]

Proceed with the eviction regardless.

You need to clarify your situation, has rent been paid in full as she says, up to the end of November or only half.

Aside from wanting to collect rent owed is there a reason you did not just send a notice to non renew their lease. That would seem to be a much easier route to get them both out as opposed to eviction.