You are in a tough place, in the l;ong run you need to get rid of him and in the short term if you eveict him, you may not get next months rent either. Your best bet is to sell the rental home as your rent should be 1.25 times your mortgage for a rental situation to make sense. If you are not cobvering your mortage and living month to month, you dont need to you have to sell that property. You can call your bank and tell them the propblem you have if they know you rent it out, if not that could be trouble in itself. If you can call them they should be able to offer a loan modification where you could even make payments on the the back or missed payment. Ask for home retention department to do this. As far as the renter you could seek the advise of an attorney what it would cost. Your other option is to send an eviction notice (letter to quit) every time they are late. after three in a calender year you have the right to evict. if they pay only partial mark the receipt as partial payment. get the eviction notice out today, you can go to legal zoom for blank ones.