4305. Sufficiency and Service of Notice of Termination for Violation of Terms of Agreement

4305. Sufficiency and Service of Notice of Termination for Violation of Terms of Agreement Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] contends that [he/she/it] properly gave [name of defendant] three days' notice to [either comply with the requirements of the [lease/rental agreement/sublease] or] vacate the property. 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 [he/she/it] must, within three days, [either comply with the requirements of the [lease/rental agreement/sublease] or] vacate the property; That the notice described how [name of defendant] failed to comply with the requirements of the [lease/rental agreement/sublease] [and how to correct the failure]; That the notice was given to [name of defendant] at least three days before [insert date on which action was filed]. 2. 3. Notice was properly given if [select one or more of the following manners of service:] [the notice was delivered to [name of defendant] personally[./; or]] [[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 rental property], and a copy was also mailed in an envelope addressed to [name of defendant] at [his/her] address/the commercial property. In this case, notice is considered given on the date the second notice was [received by [name 4305. Sufficiency and Service of Notice of Termination for Violation of Terms of Agreement Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 of defendant]/placed in the mail][./; or]] [for a residential tenancy: [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 address of the rented property in an envelope addressed to [name of defendant]. In this case, notice is considered given on the date the second notice was [received by [name of defendant]/placed in the mail].] [or for a commercial tenancy: 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 [received by [name of defendant]/placed in the mail].] [The three-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 correct the failure or to vacate the property is extended to include the first day after the Saturday, Sunday, or 4305. Sufficiency and Service of Notice of Termination for Violation of Terms of Agreement Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 holiday that is not also a Saturday, Sunday, or holiday.] ________________________________________________________________________________ New August 2007; Revised December 2010, June 2011, December 2011