If you do not have a signed rental agreement you default to a M2M agreement under the law in most states. If tenant has not paid rent you post & mail a 3-day or 5-day pay or quit notice in accordance with your state law. Once the pay or quit period ends and the tenant has not paid, you file the eviction suit immediately. Some states allow you to ask for a money judgment and possession of the property, some allow only for possession and the money judgment must be filed separately. READ the LL/T law for your state and go to the courthouse to sit in on the eviction docket for a few hours to see what happens. Once you are familiar with the process, you can easily do it yourself. If you are very uncomfortable, you may want to hire an eviction attorney for the first one.