CACI No. 4307

to-Month Tenancy

[Name of plaintiff] contends that [he/she/ nonbinary pronoun/it] properly

gave [name of defendant] written notice that the tenancy was ending. To

prove that the notice contained the required information and was

properly given, [name of plaintiff] must prove all of the following:

1. That the notice informed [name of defendant] in writing that the

tenancy would end on a date at least [30/60] days after notice was

given to [him/her/ nonbinary pronoun /it];

2. That the notice was given to [name of defendant] at least [30/60]

days before the date that the tenancy was to end; and

3. That the notice was given to [name of defendant] at least [30/60]

days before [insert date on which action was filed];

Notice was properly given if [select one or more of the following manners

of service:]

3. [the notice was delivered to [name of defendant] personally[./; or]]

3. [the notice was sent by certified or registered mail in an envelope

addressed to [name of defendant], in which case notice is

considered given on the date the notice was placed in the mail[./;

or]]

3. [[name of defendant] was not at [home or work/the commercial

rental property], and the notice was left with a responsible person

at [[name of defendant]’s home or place of work/the commercial

property], and a copy was also mailed in an envelope addressed

to [name of defendant] at [[his/her/ nonbinary pronoun] residence/the

commercial property]. In this case, notice is considered given on

the date the second notice was placed in the mail[./; or]]

3. [for a residential tenancy:

3. [name of defendant]’s place of residence and work could not be

discovered, or a responsible person could not be found at either

place, and (1) the notice was posted on the property in a place

where it would easily be noticed, (2) a copy was given to a person

living there if someone could be found, and (3) a copy was also

mailed to the property in an envelope addressed to [name of

defendant]. In this case, notice is considered given on the date the

second notice was placed in the mail.]

3. [or for a commercial tenancy:

3. at the time of attempted service, a responsible person could not

be found at the commercial rental property through the exercise

of reasonable diligence, and (1) the notice was posted on the

property in a place where it would easily be noticed, and (2) a

copy was also mailed to the address of the commercial property

in an envelope addressed to [name of defendant]. In this case,

notice is considered given on the date the second notice was

placed in the mail.]

[The [30/60]-day notice period begins on the day after the notice was

given to [name of defendant]. If the last day of the notice period falls on a

Saturday, Sunday, or holiday, [name of defendant]’s time to vacate the

property is extended to include the first day after the Saturday, Sunday,

or holiday that is not also a Saturday, Sunday, or holiday.]

New August 2007; Revised December 2010, June 2011, December 2011, May 2020,

July 2025

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