One Roommate Moved Out, Evicting the Other Question

[Nancy P.]

I have a tenant with five months left on the lease.  He's been there a bit over five years,  he's on his 4th roommate.  He's intermittently a pain in the ***,  and we already planned to not renew this year.  He's violating the guest policy,  and his roommate believes the guest (his girlfriend ) has stolen from her.  We gave him a notice to cure or quit,  he promised he'd follow the guest policy,  of course he does not.  Roommate is so upset she moved back in with her parents.  She has already paid January and February rent (her half),  and knows she is responsible for her half of the rent until June 30 unless he leaves and/or adds the girlfriend to the lease/gets another roommate. She moved out but locked her bedroom so he can't use it.  (We added the lock after she had the theft.)   She is so pissed at this guy that she drives by on the way to work every morning and takes a photo of the girlfriend's  car to prove that she is still there.  Since the guest policy is 20 nights per calendar year,  and we're in a new year,  she's proving that he's still in violation.  We plan to start eviction as soon as he gets to 20 nights again,  which will be next week as she's there nearly every night.  So,  sorry for the long story,  but it's a bit unusual.  When I start eviction,  and it's a joint and several lease (tying them together legally),  can I leave her name off of it?  To me,  she has no blame.  She's already out.  She continues to pay rent.    But legally,  can I put only his name on the eviction paperwork?  It was only his name on the notice as it was his guest.   Thanks for all advice from anyone who understands the law.