How do I serve the husband if the wife will not disclose his whereabouts?

What is the name of your state (only U.S. law)?

CA

A little history- Please read:

?- Are landlords responsible for gas and electric bills if there is a gas leak or if the electric bill is high due to an alledged rigging of the meter?

History- I rent out a 1968 house that probably would benefit from modernization (i.e, updated insulation, central air, etc.) My tenant of nearly 1 1/2 years had reported that at 1 point her gas bill was very high. She had been informed prior to moving in that the bills ran high at the home. Now that she is moving out and owes rent for 09/09 and has a past due rental balance of $1,395, she is hinting that I am responsible for a 1-month gas bill for $900.00. She claims that she only had the gas for 1 month (Winter 2008)and turned it off after receiving the bill. Additionally, she claims that her electric bill has been over $300.00 monthly since Edison investigated and determined the meter had been rigged.

I purchased the home in 09/07 and resided in the home sporadically (I work for a 24/7 program) for 2 months. When I got the electric bill, it was for approximately $120.00 and I was not there very often. Regarding the $900.00 gas bill, I was told in Winter 2008 that the bill was high (I was not given the $900.00 amount until today and vaguely remember the tenant stating that it was $300.00 in the past) . I advised the tenant to use heaters and provided 3. My tenant had stated that she would contact the gas company, but I did not hear anything else related to the heating issue nor have I spoken with the gas company or seen a bill. Regarding the electric bill, I was not informed of the alleged rigging of the meter until today and if it is true, do not know who did it or when it was done.

It appears that the tenants have moved out, but not before flooding the kitchen and surrounding areas on 09/21/09. I filed a small claims case on 09/24/09. I am going to have the wife served at work today. How can I serve the husband if I am unaware of his whereabouts and the wife is unwilling to disclose?

Please help!!

Generally,

The tenant is responsible to the utility companies for utilities. If they run up the bills, the utilities go after them. When they rent they also rent the dwelling, including the insulation, as is (subject to local regulations of course). Exceptions include Landlord supplied utilities usually found in multiple unit buildings.

The Landlord is responsible that the premises are safe and habitable. If a pipe ruptures from corrosion, the furnace dies, or a branch falls on the electrical wire lead in, that is the LL responsibility.

The building and fixtures are the LL insurance responsibility and the contents are the tenants responsibility.

If the wife refuses to divulge the husbands whereabouts is one thing. To deny knowing is another. If she lives at the last known address for him, serving him there will usually suffice.

If both husband and wife signed the lease then they are equally responsible, individually as well as jointly. The wife would have to convince the Judge that any damage is the husbands fault, she moved out before anything was damaged, and was estranged in order to stall at this point.

aw0912

I am going through kind of the same problem as you. I am from Michigan. I did a summons and complaint but when they served it to the defendant the granddaughter stated to the officer that he had moved out of state. So now I need to file a "Motion For Alternate Service". Check with your laws in your state and see if you are able to do something like what I am able to do. I hope this helps you!!!

aw0912

Also one other thing. When you serve papers they deliver them to the person of whom is bein serve. If he does not except the papers or does not show up to receive them then they have not been serve.(I have done this already). Also make sure you serve them indivually(sp) one to the wife and one to the husband.. As for the damages they should had gotten ahold of you when the problem happen no afterwards. However it is the renters responsibility not yours. Obvisily(sp) they owe you for the other damages as well (flooding etc.)
Good luck. And I'll check later to see how your outcome is.

Did you have an adequate damage deposit? Something you might want to consider for future tenants.