CACI No. VF-4300. Termination Due to Failure to Pay Rent

Judicial Council of California Civil Jury Instructions (2020 edition)

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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]?
1. Yes No
1. 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]?
2. Yes No
2. 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?
3. Yes No
3. 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?
4. Yes No
4. 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]?
5. Include all amounts owed and unpaid from [due date of first
missed payment] through [date], the date of expiration of the
three-day notice.
Total Unpaid Rent: $ ]
6. What are [name of plaintiff]’s damages?
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6. Determine the reasonable rental value of the property from
[date], the date of expiration of the three-day notice, through
[date of verdict].
Total Damages: $ ]
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.
New December 2007; Revised December 2010, June 2013, December 2013,
November 2019
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, Suffıciency 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, Affırmative
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).)
UNLAWFUL DETAINER VF-4300
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Copyright Judicial Council of California

© Judicial Council of California.