4309. Sufficiency and Service of Notice of Termination for Nuisance or Unlawful Use

4309. Sufficiency and Service of Notice of Termination for Nuisance or Unlawful Use Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] contends that [he/she/it] properly gave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 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. That the notice informed [name of defendant] in writing that [he/she/it] must vacate the property within three days; 2. That the notice described how [name of defendant] [created a nuisance on the property/ [or] used the property for an illegal purpose]; and 3. That the notice was given to [name of defendant] at least three days 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 property], and a copy was also mailed in an envelope addressed to [name of defendant] at [[his/her] residence or place of work/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]] 4309. Sufficiency and Service of Notice of Termination for Nuisance or Unlawful Use Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [for a residential tenancy: [name of defendant]'s place of residence and 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 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 on the day after the notice was given to . If the last day of the notice period falls on a Saturday, Sunday, or holiday, [name of defendant]'s time to correct the failure or to 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.] ________________________________________________________________________________ New December 2010; Revised June 2011, December 2011