CACI VF-4302 Termination Due to Violation of Terms of Lease/Agreement

California Civil Jury Instructions CACI

VF-4302 Termination Due to Violation of Terms of Lease/Agreement


We answer the questions submitted to us as follows:

1.Did [name of defendant] fail to [insert description of alleged failure to perform] 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.Was [name of defendant]’s failure to [insert description of alleged failure to perform] a substantial breach of [an] important obligation[s] under the [lease/rental agreement/sublease]?

 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.Did [name of plaintiff] properly give [name of defendant] a written notice to [either [describe action to correct failure to perform] or] vacate the property at least three days before [date on which action was filed]?

 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] [describe action to correct failure to perform] within three days after service or receipt of the notice?]

 Yes   No

Signed:Presiding Juror
Dated: 

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.


Directions for Use

This verdict form is based on CACI No. 4304, Termination for Violation of Terms of Lease/Agreement—Essential Factual Elements. See also the Directions for Use for that instruction. Question 3 incorporates the notice requirements set forth in CACI No. 4305, Sufficiency and Service of Notice of Termination for Violation of Terms of Agreement.

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.

Include question 4 if the breach can be cured.

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 3 and 4 to allow the tenant three days excluding weekends and judicial holidays to cure the default.