4302. Termination for Failure to Pay Rent Essential Factual Elements

4302. Termination for Failure to Pay Rent--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] [and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 [name of defendant] has failed to pay the rent. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. That [name of plaintiff] [owns/leases] the property; That [name of plaintiff] [rented/subleased] the property to [name of defendant]; That under the [lease/rental agreement/sublease], [name of defendant] was required to pay rent in the amount of $[specify amount] per [specify period, e.g., month]; That [name of plaintiff] properly gave [name of defendant] three days' written notice to pay the rent or vacate the property; That as of [date of three-day notice], at least the amount stated in the three-day notice was due; That [name of defendant] did not pay the amount stated in the notice within three days after [service/receipt] of the notice; and That [name of defendant] [or subtenant [name of subtenant]] is still occupying the property. 4. 5. 6. 7. ________________________________________________________________________________ New August 2007; Revised June 2011, December 2011, December 2013