eviction process

I bought a duplex a little over 2 years ago, the main reason was to get my husband to move out of my house. Our marriage was over and he was in no big hurry to move. So by buying the duplex, he then had a place to stay. We renovated it together (now that would be a great hgtv show) and I rented one side to a nice tenant and her child. In our divorce agreement, it is stated that he has to pay me rent at a specific amount, something he pretty much has never done. It's a long story, but I felt sorry for him and wasn't too concerned about the rent because he was helping with the renovations. So here it is 2 years later and he's still not paying. He has come up with a million excuses and I am just over it and want him out. I have even told him he needs to move out. We do not have a lease but like I said, it is listed in the marital separation agreement part of our divorce. The last time I saw him, I told him that I guessed that I was going to have to legally evict him and he just shrugged. It makes me sick to think about how I have let this lazy man manipulate me but it's my own fault. So now what? I have filled out a " notice to pay rent or quit" and planned on giving it to him this week. I'm so fed up with him that I am now just wanting to sell the duplex which I can't even show with the slob living there. Please advise...

thanks,
knoxville, TN

You are on the right track. Serve the Pay or Quit notice to him according to the directions from your clerk of court. Be sure you serve him by the correct method (the clerk can tell you this). Keep a copy for yourself. Once the notice expires (again, check with the clerk since many states don't allow you to count the day it is served, holidays, or weekends), then file for eviction from the court for non-payment. Once it is over and he is out, sue him in small claims court for the money he owes you.

thanks! I am on my way over there in a minute- wish me luck. Also, suing him would be a moot point, he has no money because he's too lazy to work. At this point I just want to stop losing money on him.

I am doing the same in memphis tomorrow, wish me luck too. I have a deadbeat that has to go!