VF 4301. Termination Due to Failure to Pay Rent Affirmative Defense Breach of Implied Warranty of Habitability

VF-4301. Termination Due to Failure to Pay Rent--Affirmative Defense--Breach of Implied Warranty of Habitability Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Judge Request by Defendant Given as Modified Requested by Given on Court's Motion Instruction No 1 We answer the questions submitted to us as follows: 1.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]? ____ Yes ____ No 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]? ____ Yes ____ No 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] owed under the [lease/rental agreement/sublease]? ____ Yes ____ No 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 VF-4301. Termination Due to Failure to Pay Rent--Affirmative Defense--Breach of Implied Warranty of Habitability Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Judge Request by Defendant Given as Modified Requested by Given on Court's Motion Instruction No 1 presiding juror sign and date this form. 4.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? ____ Yes ____ No 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 that [name of defendant] would owe to [name of plaintiff] if the property was in a habitable condition? 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. Did [name of plaintiff] fail to provide substantially habitable premises during the time period for which [name of defendant] failed to pay the rent that was due? ____ Yes ____ No If your answer to question 6 is yes, then answer question 7. If you answered no, answer question 8. 7. Did [name of defendant] contribute substantially to the uninhabitable VF-4301. Termination Due to Failure to Pay Rent--Affirmative Defense--Breach of Implied Warranty of Habitability Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Judge Request by Defendant Given as Modified Requested by Given on Court's Motion Instruction No 1 conditions or interfere substantially with [name of plaintiff]'s ability to make necessary repairs? ____ Yes ____ No If your answer to question 7 is yes, then answer question 8. If you answered no, [stop here, answer no further questions, and have the presiding juror sign and date this form. The court will determine the amount by which the rent due found in question 5 should be reduced because of uninhabitable conditions/skip question 8 and answer question 9]. 8. What are [name of plaintiff]'s damages? 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: $_____________] [9. What is the amount of reduced monthly rent that represents the reasonable rental value of the property in its uninhabitable condition? $_____________] Signed: Dated: Presiding Juror VF-4301. Termination Due to Failure to Pay Rent--Affirmative Defense--Breach of Implied Warranty of Habitability Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Judge Request by Defendant Given as Modified Requested by Given on Court's Motion Instruction No 1 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