New roommate that won't sign a lease

I hav a tenant that approached me with a problem that I don't have a ready answer to. She rented a 2 bedroom apartment from me some months back and was appraoched by a friend that wanted to move in. She spoke to me first and said that they wanted to do a "trial run" of sorts to see if they would live well togther. She's been a great tenant, very responsible, so I went ahead and agreed. The plan was to have the roommate live there a month before actually siging her name to the lease. We went ahead and ran a background check  for her and everything. They worked out the payment options and everything was great for a while.  Well, now we're both regretting it. It's been three months now. The roommate's name is STILL not on the lease, she keeps coming up with reasons why she can't drop by and sign it, and she stopped paying her share of the rent. My original tenant is embarrassed and upset, I understand, because she thought she was about to have some help with the rent and now she's back to paying for not just herself but the xtra girl too. Should I start the process of evicting her? Exactly when can I do that? How many months does she have to live there, off the lease, and not paying rent?

While a verbal agreement exist...

While a verbal agreement exists, the other roommate is illegaly occupying the property.  If the primary roommate who has the contract really wants her out - she just needs to call the police and explain to the police she is illegaly on the premisis.  She will not be able to product a rental contract for the police and as a result they will ask her to leave. Now - you want to make sure the roomy is not pulling  your leg. If she is not willing to call the police to fix the situation, she really does not want her out and you need to speak to her.  In that case she is likely breaking her lease by allowing the 3rd party to occupy the property.  From a legal perspective you are very safe and this is an easy one - yet from am moral and ethical stand point it is complex.  Hence I would start by testing the real renter and have her call the police.

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