California Civil Jury Instructions (CACI) (2017)

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

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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]?
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. 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]?
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. 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]?
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] [describe action to correct failure to
perform] within three days after service or receipt of the notice?]
[4. 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.
New December 2007; Revised December 2010, June 2013
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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, Suffıciency 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 three days after the alleged date of receipt falls
on a Saturday, Sunday, or holiday, modify question 3 to allow the tenant until the
next day that is not a Saturday, Sunday, or holiday to cure the default.
VF-4303–VF-4399. Reserved for Future Use
VF-4302 UNLAWFUL DETAINER
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