4307. Sufficiency and Service of Notice of Termination of Month to Month Tenancy

4307. Sufficiency and Service of Notice of Termination of Month-to-Month Tenancy Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] contends that [he/she/it] properly gave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] 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/it]; That the notice was given to [name of defendant] at least [30/60] days before the date that the tenancy was to end; and That the notice was given to [name of defendant] at least [30/60] 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]] [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]] [[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] residence/the commercial property]. In this case, notice is 4307. Sufficiency and Service of Notice of Termination of Month-to-Month Tenancy Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 considered given on the date the second notice was placed in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 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.] [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 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 4307. Sufficiency and Service of Notice of Termination of Month-to-Month Tenancy 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 Saturday, Sunday, or holiday.] ________________________________________________________________________________ New August 2007; Revised December 2010, June 2011, December 2011