Madera, CA asked in Landlord - Tenant for California

Q: Filing unlawful detainer- 2nd tenant on agreement is incarcerated-removed from agreement- Do I still need to serve them?

I am filing an unlawful detainer action on a tenant for failure to pay rent. Our original agreement herself and her boyfriend.

They have been in tenancy here for 4 months, and many domestic violence calls had to be placed to the local authorities. The last domestic call that was made prior to the one that resulted in his incarceration it came to be known that he had provided a false name on our rental agreement in order to avoid arrest. This made our rental agreement null and void, and his tenancy was cancelled.

There is quite a bit more to this, but my question is, does he need to be served with the same 3 day quit or pay I served on her? Or would he be covered under the "Does" clause?

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1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Redlands, CA
  • Licensed in California

A: Name every tenant in the rental agreement. You can name him for example as John Tenant aka David Tenant, if he gave a fake name. Use a registered process server to serve the tenant.

1 user found this answer helpful

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