4327. Affirmative Defense Landlords Refusal of Rent

4327. Affirmative Defense--Landlord's Refusal of Rent Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that [name of plaintiff] is not entitled to evict [him/her/it] because [name of plaintiff] refused to accept [name of defendant]'s payment of rent. To succeed on this defense, [name of defendant] must prove: 1. That after service of the three-day notice but before the three-day period had expired, [name of defendant] presented the full amount of rent that was due to [name of plaintiff]; and That [name of plaintiff] refused to accept the payment. 2. [Giving a check constitutes payment if [name of plaintiff]'s practice was to accept payment by check unless [name of plaintiff] had previously notified [name of defendant] that payment by check was no longer acceptable.] ________________________________________________________________________________ New October 2008