Legal Question in Real Estate Law in California

Can't find tenant for unlawful detainer summons

I have 2 tenants named in my rental agreement. I have started an unlawful detainer complaint, but one of the tenants now lives in Arizona.

Since he cannot be served papers, what is the best course of action for me to get the remaining renter out of the house?

It will not be expediant to try and locate him at this time.


Asked on 4/02/07, 7:29 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Can't find tenant for unlawful detainer summons

As I understand Code of Civil Procedure section 1164, it is only necessary to name and serve as defendants those tenants and subtenants who are in actual possession of the premises. The tenant who is living in Arizona is not committing an unlawful detainer of your property and is not a proper defendant in your action.

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Answered on 4/02/07, 9:09 pm


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