CACI No. 4302

Elements

[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 [name of defendant] has failed to

pay the rent. 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] [rented/subleased] the property to [name of

defendant];

3. That under the [lease/rental agreement/sublease], [name of

defendant] was required to pay rent in the amount of $[specify

amount] per [specify period, e.g., month];

4. That [name of plaintiff] properly gave [name of defendant] three

days’ written notice to pay the rent or vacate the property;

5. That as of [date of three-day notice], at least the amount stated in

the three-day notice was due;

6. That [name of defendant] did not pay the amount stated in the

notice within three days after [service/receipt] of the notice; and

7. That [name of defendant] [or subtenant [name of subtenant]] is still

occupying the property.

New August 2007; Revised June 2011, December 2011, December 2013, May 2021,

December 2025*