CACI VF-4300 Termination Due to Failure to Pay Rent
California Civil Jury Instructions CACI
VF-4300 Termination Due to Failure to Pay Rent
We answer the questions submitted to us as follows:
1.Did [name of defendant] fail to make at least one rental payment to [name of plaintiff] as required by the [lease/rental agreement/sublease]?
Yes No
If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
2.Did [name of plaintiff] properly give [name of defendant] a written notice to pay the rent or vacate the property at least three days before [date on which action was filed]?
Yes No
If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
3.Was the amount due stated in the notice no more than the amount that [name of defendant] actually owed?
Yes No
If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
4.Did [name of defendant] pay [or attempt to pay] the amount stated in the notice within three days after service or receipt of the notice?
Yes No
If your answer to question 4 is no, then answer questions 5 and 6. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.
5.What is the amount of unpaid rent owed to [name of plaintiff]?
Include all amounts owed and unpaid from [due date of first missed payment] through [date], the date of expiration of the three-day notice.
6.What are [name of plaintiff]’s damages?
Determine the reasonable rental value of the property from [date], the date of expiration of the three-day notice, through [date of verdict].
After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom.
New December 2007; Revised December 2010, June 2013, December 2013, November 2019
https://crowdsourcelawyers.com/judicial-council-california-civil-jury-instructions-caci
Directions for Use
This verdict form is based on CACI No. 4302, Termination for Failure to Pay Rent—Essential Factual Elements. See also the Directions for Use for that instruction. Questions 2 and 3 incorporate the notice requirements set forth in CACI No. 4303, Sufficiency and Service of Notice of Termination for Failure to Pay Rent.
The special verdict forms in this section are intended only as models. They may need to be modified depending on the facts of the case.
In question 4, include “or attempt to pay” if the tenant alleges that the landlord refused to accept the rent when tendered. (See CACI No. 4327, Affirmative Defense—Landlord’s Refusal of Rent.)
If the day of receipt is at issue and any of the three days after the alleged date of receipt falls on a Saturday, Sunday, or judicial holiday, modify questions 2 and 4 to allow the tenant three days excluding weekends and judicial holidays to cure the default. (See Code Civ. Proc., § 1161(2).)