Do i need to have BOTH tenants served for Eviction?

2 Replies

I have an expired lease, that both tenants signed that we kept on a month to month verbally. They were given a 30-day notice to vacate the property, and have flat out said they refuse and want an additional 2 months to move. In the meantime their money order for rent was returned as damaged/illegible, and i cannot cash it. The tenant got upset and has harassed me, and called me out of my name. He asked for the Money Order to be returned as he could have it cashed (that did not happen as he was told the same thing by the issuer). I had served him with a 3 day notice to vacate due to the unpaid rent. My question is, DO i need to have both tenants need to be named defendants on the eviction, or can only one? Last time they failed to pay rent, one PURPOSELY avoided the constable until they posted the letter on the front door. I should have evicted them then, but it was around the holidays and the tenant was days from giving birth.

Sorry for the long post....but I am a new Landlord .........thank you !

Hello. Yes - you evict them both. And when you post the notice on the door add the phrase "and all others. So if you're evicting Joe Dirt and Tara Reid you would write on the notice: Joe Dirt, Tara Reid and all others"

@Karl B. is correct.  And go by the book--have the notice properly prepared and posted so these semi-professional tenants can't wiggle out any more.  Keep a close eye on the property to make sure they don't "accidentally" destroy it on their way out.