Baby or no baby, you can evict for non-payment of rent. I would give 60 day notice and move on to a better tenant. Yes, sometimes people get spiteful. There is always a chance they will damage the place on purpose. Do you have a good security deposit? Next time, rent to someone with a better credit. It is a big indicator of how responsible they are. I require 750. If it is under that but everything else checks out ok, I ask for an additional deposit. Don't use an agent again. They are often a problem and have no vested interest. Good Luck.