So my fiancee and I currently live with a roommate. We are in the process of asking him to leave the apartment due to failure to pay rent/utilities and well as to live up to other agreements. The part that confuses me on this issue is that while his name is on the lease as a resident he did not sign the lease, was not present at its signing and did not contribute to moving costs or deposits. We have given him a 30 day notice in the hopes that he will choose to leave of his own free will but as the agreed upon date gets closer and he is still unsure where he is moving to we are worried that we may be forced to attempt to take him to court.
To clarify a few points we are in Curry County of New Mexico and the roommate in question is 32 and is currently unemployed. We do not want back rent or anything of the type although we are planning to ask for court costs if he forces us into that route. Even though this guy owes us over $2000 in back rent we just want him gone.
From a legal prospective does it sound like we may have a chance of getting a court order to remove him from the apartment and the lease or are we hoping in vain? If we do have a chance how long do these type of proceedings normally take and how long until he will be gone?
Any input is greatly appreciated even if you think we are despicable people for forcing him out. Any advice is also appreciated. >.>
Thank you all in advance.

