Legal Question in Landlord & Tenant Law in California

Re: co-tenancy

Everyone who lives in the property, with or without consent of the landlord would generally be served, either by name, or as "all tenants, subtenants and occupants in possession" for any rent shortfall. If the 5th tenant is not served with the three-day notice, their tenancy is often still terminated in the Unlawful Detainer lawsuit by virtue of a prejudgment claim of right of possession being served, which either requires the 5th tenant to stake a claim to possession or be evicted along with everyone else. Landlords don't pick and chose which tenant did not pay rent - if its one unit (apartment or home) and the full rent was not paid, everyone is going to get served with a notice to pay or quit - not just number 5 because he didn't pay. Everyone is legally tied together in that respect.

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