If a tenant is still in possession after a lease expires, what must the landlord typically do to evict them?

When a tenant remains in possession of a rental property after the lease has expired, the landlord typically must initiate an unlawful detainer action to evict the tenant. This legal process is specifically designed to address situations where a tenant refuses to vacate the premises after their lease term has ended.

An unlawful detainer action allows the landlord to formally seek the court's assistance in regaining possession of their property. It involves filing a complaint with the appropriate court, notifying the tenant, and potentially going to a hearing. If the court rules in favor of the landlord, it can issue a judgment that allows for the eviction of the tenant.

While notifying the tenant to leave might be a reasonable first step from a practical standpoint, this action alone does not have legal force. Additionally, filing a breach of contract typically pertains to suing for damages or enforcing terms of the lease rather than the eviction itself. Terminating the lease agreement may be a necessary component of the eviction process, but it does not replace the need to initiate the unlawful detainer action in order to legally remove the tenant from the property. Thus, initiating an unlawful detainer action is the correct course of action for formal eviction.