4303. Sufficiency and Service of Notice of Termination for Failure to Pay Rent

4303. Sufficiency and Service of Notice of Termination for Failure to Pay Rent Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] contends that [he/she/it] properly gave [name of defendant] three days' notice to pay the rent 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. 2. That the notice informed [name of defendant] in writing that [he/she/it] must pay the amount due within three days or vacate the property; That the notice stated [no more than/a reasonable estimate of] the amount due, and the name, telephone number, and address of the person to whom the amount should be paid, and [Use if payment was to be made personally: the usual days and hours that the person would be available to receive the payment; and] [or: Use if payment was to be made into a bank account: the number of an account in a bank located within five miles of the rental property into which the payment could be made, and the name and street address of the bank; and] [or: Use if an electronic funds transfer procedure had been previously established: that payment could be made by electronic funds transfer; and] 3. That the notice was given to [name of defendant] at least three days 4303. Sufficiency and Service of Notice of Termination for Failure to Pay Rent Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 before [insert date on which action was filed]. 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 residence 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] residence/the commercial property]. 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 residential tenancy: [name of defendant]'s place of residence or 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 4303. Sufficiency and Service of Notice of Termination for Failure to Pay 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 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 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 pay the rent or vacate the property is extended to include the first day after the Saturday, Sunday, or holiday that is not also a Saturday, Sunday, or holiday.] [A notice stating a reasonable estimate of the amount of rent due that is within 20 percent of the amount actually due is reasonable unless [name of defendant] proves that it was not reasonable. In determining the reasonableness of the estimate, you may consider whether calculating the amount of rent required information primarily within the knowledge of [name of defendant] and whether [name of defendant] accurately furnished that information to [name of plaintiff].] ________________________________________________________________________________ New August 2007; Revised December 2010, June 2011, December 2011