36.600 Landlord and Tenant; Dispossessory Warrants (Tenants Holding Over)

36.600 Landlord and Tenant; Dispossessory Warrants (Tenants Holding Over) In this proceeding, a property owner is trying to recover possession of rented property and rent from an alleged tenant. It is your duty to determine whether the property owner is entitled to recover possession of the property under the facts of this case and, if so, the amount of rent, if any, to which the owner is entitled. (Here, also specify any other claim plaintiff may have.) If you find that the relationship of landlord/tenant existed between the plaintiff and defendant, that the plaintiff has made proper demand of the defendant to vacate the premises, and that the defendant has refused to vacate the premises after plaintiff's demand to vacate, you would be authorized to find in favor of the plaintiff if you also find that the defendant, as tenant, (Choose among the following situations applicable to the facts.) a. holds the property after the tenancy has ended, b. has failed to pay the rent, c. is a tenant at will (that is, a person who is renting property from a landlord by their mutual consent, without any period of time of occupation being agreed on), d. is a tenant at sufferance (that is, a person who comes into possession lawfully but remains in possession without any rights at all). In the event you should find in favor of the plaintiff, you should include in your verdict any amount of rent that you find to be due. (Use the following charge only when a tenant claims a setoff or recoupment.) A "setoff" is an opposing claim arising from the rental contract. A "recoupment" is an opposing claim arising from some other cause. Should you find in favor of the plaintiff for monetary damages for rent or otherwise, your verdict should be reduced by any amount that you find the defendant may "set off" or "recoup" against plaintiff's claim. Should you find in favor of the defendant, as tenant, then the plaintiff, as landlord, shall be liable for all foreseeable damages resulting from the landlord's wrongful conduct (and for any rights the tenant may have by setoff or recoupment as I have detailed them or otherwise).