Question

Jeff and Ryan rent a house from Mike and Yolanda Reynolds. They are three months behind in their rent and neighbors have been complaining about the noise coming from the home. Mike and Yolanda have tried to work with Jeff and Ryan to help them get back on track with the tardy rent, but the guys are not cooperating. Mike and Yolanda have decided they have no choice but to start the eviction process. Mike wants to just go in and remove the possessions, shut off all the utilities, and change the locks. Yolanda believes Mike's idea may be illegal and thinks there are other options. Is she correct and, if so, what are the options?A. No, Yolanda is not correct on both points. Mike's idea is not illegal. Jeff and Ryan are behind by three months in their rent payments. Mike has every right to remove the guys and their possessions from the property.
B. Yes, Yolanda is correct. It is illegal for Mike to take such actions. The landlords may serve the tenants with either a seven-day or fifteen-day notice of eviction.
C. Yes, Yolanda is correct. It is illegal for Mike to take such actions. The landlords may serve the tenants with a three-day notice of eviction.
D. Yes, Yolanda is correct. It is illegal for Mike to take such actions. They must file an unlawful detainer in court, and the tenants can be forcibly removed by the sheriff.

Answer 1

Answer:

C) Yes, Yolanda is correct. It is illegal for Mike to take such actions. The landlords may serve the tenants with a three-day notice of eviction.

Explanation:

Eviction processes can be relatively simple, by just sending an eviction notice and the tenants voluntarily leaving the property, or they can be very messy and end up in court. But in no case, can the landlord just get into the property and kick the tenants out.

The length of the eviction process also varies depending on the cause, in this case since the tenants already we more than 3 months of rent tht is more than sufficient cause.

If after the 3 day notice Jeff and Ryan still haven't left, then Yolanda and Mike will have to start an eviction lawsuit that usually takes a few weeks (its a speedy process). Since Yolanda and Mike have a reasonable cause for evicting the tenants, the court will probably order and immediate eviction (or maybe give them a week or so).

Then if Jeff and Mike still stay on the property things get messy and the police should force them out.