Serve 1 renter with abandonment other with Pay or Quit?

[Igb2htalmh]

Our husband and wife renters are 13 days late on the rent. The wife has filed for divorce, filed abuse charges and a restraining order against the husband and said she won't be able to pay the rent. The husband has left the property and won't return our calls. Can we serve written notice to the husband for abandonment (1951.2) and serve her with "Notice to pay rent or Quit?" or should we just serve the Notice to pay rent or Quit to both?

Thank you!

 

[Gail_in_Georgia]

It's pretty clear you know where the wife lives. What about the husband? Are you aware of his current residence should you decide to serve him with anything?

Gail

 

[Igb2htalmh]

We do not know where he is, nor does the wife. He won't return our calls.

 

[Gail_in_Georgia]

Then it does no good to attempt to serve him anything.

Most leases make each person who signed "jointly and severally" responsible for owed rent. In other words, if one tenant cannot be found, the other is responsible for all of the owed rent.

I'd suggest you need to start the eviction process with the Notice to Pay Rent or Quit tomorrow. You can, if you wish, address both names on the notice. You may be surprised that the wife does know where the husband is at.

Gail

 

[Igb2htalmh]

Great. We will do that. Thank you.