4306. Termination of Month to Month Tenancy Essential Factual Elements

4306. Termination of Month-to-Month Tenancy-- Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] [and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 the tenancy has ended. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. That [name of plaintiff] [owns/leases] the property; That [name of plaintiff] [rented/subleased] the property to [name of defendant] under a month-to-month [lease/rental agreement/sublease]; That [name of plaintiff] gave [name of defendant] proper [30/60] days' written notice that the tenancy was ending; and That [name of defendant] [or subtenant [name of subtenant]] is still occupying the property. ________________________________________________________________________________ New August 2007; Revised June 2011, December 2011