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  1. #1

    Default 30 Day Notice and Eviction

    State of California

    Hi,

    I served tenant a 30 day notice to vacate. That notice only named one individual; that individual was the person with which the oral agreement was made. The day I served the notice, I discovered that another individual lived there and I obtained her name. The problem is that I only named one person in the 30 day notice. I need to turn that notice with the complain and other documents to court.

    Question: Should I include the name of the other tenant and list her in the summons and unlawful detainer complaint?

    For example, Miss A and Miss B?

    Question: Will the complain be dismiss if I only named one person in the 30 day notice and 2 in the complaint and summons?

    Thank You!

  2. #2
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: 30 Day Notice and Eviction

    I would definitely re-serve the 30 Day Notice with both parties listed. You want all of your documents to be consistent.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: 30 Day Notice and Eviction

    Is only one individual on the lease? You generally do not have to name occupants on a notice to vacate; just tenants.

    If in doubt about the status of the second person, yes, reissue the notice with both names. If you do not, you should proceed with your eviction lawsuit against the named tenant - don't add names of people to whom you haven't given proper notice.

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