As previously stated, your best option is probably to proceed with the eviction. However, you will want to be absolutely certain that the three-day notice you provided the tenant is correct. If you file the eviction based upon a defective notice, you run the chance of having the case dismissed.
With regard to providing the tenant notice of your entry, you should look to your lease. A properly constructed lease should provide for specifics regarding how to provide notice, the means of delivery,...
You will definitely want to consult with an attorney in your area who can review your documents and advise you on the best way to proceed. Whoever you speak with may be able to negotiate down the debt and/or give you advise moving forward. Best of luck!
Typically, in a situation like yours the homeowner has two options, file for eviction or ejectment. Based upon the facts provided you may want to consult with an attorney who can help you file for ejectment. Eviction only applies when their is a landlord-tenant relationship between the parties. For example, if you and your sons have a written or oral lease where they pay you to live in the property.
When a person is in possession of a property and there is no agreement for rent, and therefore...
Small claims is different from county court in a couple different ways. The main differences in small claims have to do with discovery procedures (how you request information from the other party) and the court automatically assigning you a court date. I've attached the rules for both small claims courts and general civil procedure.
As the other contributors have stated, the first step toward seeing what your options are is to review the lease agreement. It would be wise to contact a landlord/tenant attorney who can take a look at it, sooner rather than later, considering the lease kicked in on November 1st. Best of luck!
The answer to your question may be found in the HOAs covenants. Many times an HOA will require that the property owner get the HOA's approval before the tenant can move in. If the property owners fails to get HOA approval before the tenant moves, then they may have grounds.