Evicting a tenant is a terrible, but sometimes necessary part of being a landlord. When your tenants are not paying their rent, are damaging your property or are otherwise breaking the terms and conditions of their lease, you may be forced to being eviction proceedings and have them removed from your property. Evictions are legal proceedings, so they must be done carefully within the letter of the law. While state and local laws may vary, here are some basic steps of the eviction process that may help you to get the job done right.

Be sure your reasons for eviction are valid -  There are only a certain number of cases in which you can legally evict a tenant and terminate their lease early. In most areas, the legal reasons for eviction include:

o    Non-payment of rent
o    Uncorrected damage to your property
o    Illegal activity on your property
o    Other terms of lease broken and not corrected

Be sure to have valid proof of the reason for eviction, such as updated payment records or photos of damage. A judge may not grant an eviction based on your suspicions, so document as much as possible.

Learn the local laws and procedures – Check with your lawyer or the court system in your jurisdiction to find out the steps that must be taken to file eviction. There may be notices that must be sent to tenants and specific documentation that is necessary to file paperwork.

Document the process carefully – Keep copies of all records, forms and receipts from notifying tenants, filing paperwork and handing other eviction procedures. These records may be necessary during court proceedings and to obtain compensation for your legal expenses.

Give tenant proper notice of reasons – Most areas require landlords to inform tenants of their intention to evict and give them a window of time to correct the situation. Send notices to “pay or quit” or “correct or quit” within the time frames set out by your local laws and document the mailings by sending through certified mail. Keep receipts as proof of notice with filing court paperwork. » Read more: Evicting a Tenant – When Push Comes to Shove

As the mortgage foreclosure crisis continues to spread throughout the United States, state legislatures have enacted new laws that are designed to provide homeowners with additional opportunities to save their homes. In Michigan, which ranks sixth in the nation for foreclosure, the state legislature recently enacted the “Lifeline Law,” which provides homeowners with an extra ninety days to work with their banks for solutions. Similarly, in June, 2009, California enacted the California Foreclosure Prevention Act, which includes a ninety-day moratorium on foreclosures.

In many jurisdictions, the court systems have enacted measures intended to provide a homeowner with the chance to stop foreclosure from happening. Efforts by courts include: (a) mandatory mediation; (b) stricter evidentiary requirements, including new rules that require banks to produce original loan documentation as a precondition for obtaining judgments of foreclosure; and (c) counseling and pro se assistance programs for homeowners in distress.

In some jurisdictions, the efforts to stave of foreclosure are aimed specifically at holders of sub-prime mortgages. In New York, borrowers and lenders are now required to meet with judicial hearing officers.

In virtually every jurisdiction, efforts aimed at assisting homeowners in the fight against foreclosure have run against a common roadblock: the reluctance of many homeowners to file the court forms that are required for them to take advantage of the new, anti-foreclosure initiatives. Many homeowners mistakenly believe that filing an answer to a foreclosure complaint, or a complaint to delay a foreclosure sale, is too complicated or expensive. In fact, filing an answer to a bank’s foreclosure complaint is a simple process that involves filling out an easy-to-understand form with the local courthouse. Answers to foreclosure complaints are available from a variety of sources, and can be completed and filed by homeowners without paying high legal fees. » Read more: New Initiatives to Help Homeowners Stop Mortgage Foreclosure – Forms and Programs