When you begin to have problems with a tenant and need to evict them, there is a definite procedure that must be followed. While it often is not a quick solution, nevertheless, the law has certain demands that you as a landlord must follow - or you could be subjecting yourself to a lawsuit. Here are some of the procedures you should follow.

Each state has passed legislation that a landlord must follow in the event of an eviction. It could be different in your state than in others, and additional laws may apply in your particular city. When you need to proceed with an eviction, be sure that you contact a lawyer first to find out the exact procedure you should follow. Your lawyer will also tell you whether or not you have a legal reason for an eviction.

Some landlords like to do things to make it difficult for the tenant to get back into their apartment. The landlord may put a different lock on the door, padlock it, or turn off the utilities. The truth is, though, that this will not help the landlord in the long run. In fact, it may open the door for a lawsuit by the tenant.

It is absolutely necessary that you have a written record that establishes a reason for your wanting to evict a tenant. This includes dates and times when the offenses took place. Whether it be continuing late rent, or noise, or pets prohibited by the lease, it should be documented with date, time, who you spoke to, what you did and said, as well as the reaction from the tenant. You will also need to have their rent application.

Further documentation should also be recorded when the tenant has a complaint. Record the date and time as well as the exact steps you took to correct the problem. This will show that you have been a responsive landlord who has tried to meet the tenants needs. Tenants often attempt to claim as a defense "retaliatory eviction" for complaintws they have made.

Once everything is documented, then you must give a legally-compliant notice to the tenant.

There are different notices that you may need to give - depending on the situation. Three kinds of common notices are:

When such a notice is given to your tenant, the reason should also be provided. A copy should also be added to your records.

Some states allow you to give a 30 or 60 day Notice to Vacate (subject to the terms of any lease). In the states that allow it, no reason needs to be given. The occasions to use these notices do vary in different states. Usually, though, once they are served, and if the desired action is not met, filing the eviction lawsuit is next. Once the lawsuit is filed, then the lawyers and the courts take over the case. It still may take several months for an action, but sometimes the mere action of filing a lawsuit is enough to get the tenant to move.

One option that may put a landlord in a greater position of control is to rent out the apartment or house on a month to month basis. This gives you the power to simply terminate the tenancy for any reason on 30 days notice. However, municipal rent control laws (such as those in San Francisco and Santa Monica) may limit your rights to terminate tenancies at will.

Before you start with an eviction, be sure to check all laws or seek counsel before you do anything. An experienced landlord/tenant lawyer can help you make sure you have everything in order first, which could save you headaches in the process.

If you do not follow the procedures quite right, you may open yourself up to litigation from the tenant. If this happens, you will incur a possibly costly defense, as well as the probability that it could take a few months more to resolve itself. Going to court anyway, though, may be necessary to legally evict a tenant who is not willing to move.

Here are some Web sites where you can find additional information on the proper steps to evict a tenant: