If a tenant remains in a property after lease expiration without permission, how should the property manager respond?

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When a tenant remains in a property after the lease has expired without the property owner's permission, the appropriate legal response is to file an unlawful detainer complaint. This action formally initiates the eviction process through the courts, providing a legal framework for addressing the situation.

Filing an unlawful detainer complaint allows the landlord or property manager to seek a court order for eviction rather than taking matters into their own hands. It ensures that the rights of both parties are respected and that due process is followed. This approach protects the property owner's interests while complying with local tenancy laws, which often require legal proceedings to remove a tenant who is occupying the property without consent.

Taking more immediate actions, such as changing locks or calling law enforcement directly for eviction before going through the legal process could be considered illegal self-help remedies, which are generally prohibited. Additionally, increasing rent unilaterally may not be considered a valid or legal method to incentivize the tenant to leave and may lead to further complications or legal issues. Therefore, filing an unlawful detainer complaint is the correct and lawful course of action when dealing with tenants who have overstayed their lease.

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