The answer depends on the wording of your lease. Rather than trying to do this eviction by yourself, you should get an experienced landlord/tenant lawyer in your area to help you with this one. With a lawyer's help, you may be able to minimize any protential problems.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
A Pay or Quit Notice might name the tenant and spouse as Tenant Name et al.
Especially if the property owner doesn't know the spouse's name.
We cannot be more specific without knowing more facts.
If both spouses are "tenants" then you must name husband as the first defendant and second defendant will be "unknown spouse" or "unknown tenant".
If only the husband is the tenant, then you only have to name him.. if there is any question, you should name both.
You may want to hire an attorney to take it from here or at the very least, hire an attorney to analyze your lease and the Pay or Quit Notice.
I agree with both of the above attorneys. It may be in your best interests to seek an attorney in the area to represent you in the eviction suit if they do not vacate. The attorney would be able to file the eviction complaint for you for possession and past due rent, while at the same time making sure that both of the tenants are correctly named in the eviction proceedings.
This answer has been prepared for informational purposes only and does not constitute legal advice. The information is not provided in the course of an attorney-client relationship and it is recommended that you seek an attorney licensed in your jurisdiction.
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