4304. Termination for Violation of Terms of Lease Agreement Essential Factual Elements

4304. Termination for Violation of Terms of Lease/Agreement-- Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] [and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 perform [a] requirement(s) under [his/her/its] [lease/rental agreement/sublease]. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. 5. 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] agreed [insert required condition(s) that were not performed]; That [name of defendant] failed to perform [that/those] requirement(s) by [insert description of alleged failure to perform]; That [name of plaintiff] properly gave [name of defendant] [and [name of subtenant]] three days' written notice to [either [describe action to correct failure to perform] or] vacate the property; [and] That [name of defendant] did not [describe action to correct failure to perform]; and] That [name of defendant] [or subtenant [name of subtenant]] is still occupying the property. [6. 7. [[Name of defendant]'s failure to perform the requirement(s) of the [lease/rental 4304. Termination for Violation of Terms of Lease/Agreement-- Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 agreement/sublease] must not be trivial, but must be a substantial violation of [an] important obligation(s).] ________________________________________________________________________________ New August 2007; Revised June 2010, December 2010, June 2011, December 2011