Do I need to go through the formal eviction process?

[Chris Weiler]

Before I start, clearly the best answer would come from an eviction attorney. I will most likely talk to one, but wanted to get some of your opinions before I did that. To make a long story short, we had to take over a property from an investor. The property had a lease in place which we continued to honor. After 2 month the tenant stopped paying. The father is the only one on the lease. The father and mother just got a divorce and he moved out last month. The wife and adult son both work but have not paid rent this month. We served them with a 2 day pay or quit last week. Since the mother and adult son are not on the lease and the husband abandoned the property, I am wondering if I need to go through the formal eviction process. Can we just have the sheriff come over and make them leave? They have agreed to move out the first week of the year. I’m just deliberating whether I should cover myself by starting some form of eviction process now in case they don't move out.