CACI No. 4301. Expiration of Fixed-Term Tenancy - Essential Factual Elements

Judicial Council of California Civil Jury Instructions (2023 edition)

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4301.Expiration of Fixed-Term Tenancy - Essential Factual
[Name of plaintiff] claims that [name of defendant] [and [name of
subtenant], a subtenant of [name of defendant],] no longer [has/have] the
right to occupy the property because the [lease/rental
agreement/sublease] has ended. To establish this claim, [name of plaintiff]
must prove all of the following:
1. That [name of plaintiff] [owns/leases] the property;
2. That [name of plaintiff] [leased/subleased] the property to [name of
defendant] until [insert end date];
3. That [name of plaintiff] did not give [name of defendant] permission
to continue occupying the property after the [lease/rental
agreement/sublease] ended; and
4. That [name of defendant] [or subtenant [name of subtenant]] is still
occupying the property.
New August 2007; Revised June 2011, May 2020
Directions for Use
If the plaintiff is the landlord or owner, select “lease” or “rental agreement” in the
first sentence and in element 3 as appropriate, “owns” in element 1, and “leased” in
element 2. 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” in the first paragraph and in element 3, “leases” in element 1, and
“subleased” in element 2. (Code Civ. Proc., § 1161(3).)
If persons other than the tenant-defendant are occupying the premises, include the
bracketed language in the first paragraph and in element 4.
The Tenant Protection Act of 2019 imposes additional requirements for the
termination of a rental agreement for certain residential tenancies. (Civ. Code,
§ 1946.2(a) [“just cause” requirement for termination of certain residential
tenancies], (b) [“just cause” defined].) This instruction should be modified
accordingly if applicable.
Sources and Authority
Holding Over After Expiration of Lease Term. Code of Civil Procedure section
Conversion to Ordinary Civil Action If Possession Not at Issue. Civil Code
section 1952.3(a).
Tenant Protection Act of 2019. Civil Code section 1946.2.
‘In order that such an action may be maintained the conventional relation of
landlord and tenant must be shown to exist. In other words, the action is limited
to those cases in which the tenant is estopped to deny the landlord’s title.’
(Fredericksen v. McCosker (1956) 143 Cal.App.2d 114, 116 [299 P.2d 908],
internal citations omitted.)
“The most important difference between a periodic tenancy and a tenancy for a
fixed term - such as six months - is that the latter terminates at the end of such
term, without any requirement of notice as in the former. In order to create an
estate for a definite period, the duration must be capable of exact computation
when it becomes possessory, otherwise no such estate is created.” (Camp v.
Matich (1948) 87 Cal.App.2d 660, 665-666 [197 P.2d 345], internal citations
“It is well established that it is the duty of the tenant as soon as his tenancy
expires by its own limitations, to surrender the possession of the premises and
that no notice of termination is necessary, the lease itself terminating the
tenancy; and if he continues in possession beyond that period without the
permission of the landlord, he is guilty of unlawful detainer, and an action may
be commenced against him at once, under the provisions of subdivision 1 of
section 1161 of the Code of Civil Procedure, without the service upon him of
any notice.” (Ryland v. Appelbaum (1924) 70 Cal.App. 268, 270 [233 P. 356],
internal citations omitted.)
“If the tenant gives up possession of the property after the commencement of an
unlawful detainer proceeding, the action becomes an ordinary one for damages.”
(Fish Construction Co. v. Moselle Coach Works, Inc. (1983) 148 Cal.App.3d
654, 658 [196 Cal.Rptr. 174].)
Secondary Sources
12 Witkin, Summary of California Law (11th ed. 2017) Real Property, §§ 691, 705,
1 California Landlord-Tenant Practice (Cont.Ed.Bar 2d ed.) § 8.82
1 California Eviction Defense Manual (Cont.Ed.Bar 2d ed.) §§ 5.4, 7.8
7 California Real Estate Law and Practice, Ch. 200, Termination: Causes and
Procedures, § 200.21 (Matthew Bender)
7 California Real Estate Law and Practice, Ch. 210, Unlawful Detainer, §§ 210.21,
210.27 (Matthew Bender)
29 California Forms of Pleading and Practice, Ch. 332, Landlord and Tenant: The
Tenancy, § 332.28 (Matthew Bender)
29 California Forms of Pleading and Practice, Ch. 333, Landlord and Tenant:
Eviction Actions, § 333.10 (Matthew Bender)
23 California Points and Authorities, Ch. 236, Unlawful Detainer, § 236.42
(Matthew Bender)
Matthew Bender Practice Guide: California Landlord-Tenant Litigation, Ch. 5,
Unlawful Detainer, 5.07
Miller & Starr, California Real Estate 4th, § 19:43 (Thomson Reuters)

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