CACI 4300 Introductory Instruction
California Civil Jury Instructions CACI
4300 Introductory Instruction
This is an action for what is called unlawful detainer. [Name of plaintiff], the [landlord/tenant], claims that [name of defendant] is [his/her/nonbinary pronoun/its] [tenant/subtenant] under a [lease/rental agreement/sublease] and that [name of defendant] no longer has the right to occupy the property [by subleasing to [name of subtenant]]. [Name of plaintiff] seeks to recover possession of the property from [name of defendant]. [Name of defendant] claims that [he/she/nonbinary pronoun/it] still has the right to occupy the property because [insert defenses at issue].
The property involved in this case is [describe property: e.g., “an apartment,” “a house,” “space in a commercial building”] located in [city or area] at [address].
Directions for Use
If the plaintiff is the landlord or owner and the defendant is the tenant, select “landlord” and “tenant,” in the first sentence. If the plaintiff is a tenant seeking to recover possession from a subtenant, select “tenant” and “subtenant.” (Code Civ. Proc., § 1161(3).)
If the plaintiff is the landlord or owner, select either “lease” or “rental agreement” in the first sentence. Commercial documents are usually called “leases” while residential documents are often called “rental agreements.” Select the term that is used on the written document. If the plaintiff is a tenant seeking to recover possession from a subtenant, select “sublease.”
If the defendant is a tenant who has subleased the premises to someone else, add the bracketed language in the first paragraph referring to subleasing.
Sources and Authority
•Right to Jury Trial. Code of Civil Procedure section 1171.
•Right of Tenant to Bring Unlawful Detainer Against Subtenant. Code of Civil Procedure section 1161(3).
•Tenant Protection Act of 2019. Civil Code section 1946.2.
•Definition of “Just Cause.” Civil Code section 1946.2(b).
•“The remedy of unlawful detainer is designed to provide means by which the timely possession of premises which are wrongfully withheld may be secured to the person entitled thereto.” (Knowles v. Robinson (1963) 60 Cal.2d 620, 625 [36 Cal.Rptr. 33, 387 P.2d 833].)
•“Chapter 4 of title 3 of part 3 of the Code of Civil Procedure is commonly known as the Unlawful Detainer Act (hereafter, the Act). The Act is broad in scope and available to both lessors and lessees who have suffered certain wrongs committed by the other. Procedures and proceedings in unlawful detainer were not known at common law and are entirely creatures of statute. As such, they are governed solely by the statutes which created them. Thus, where the Act ‘deals with matters of practice, its provisions supersede the rules of practice contained in other portions of the code.’ ” (Losornio v. Motta (1998) 67 Cal.App.4th 110, 113 [78 Cal.Rptr.2d 799], internal citations omitted.)