Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)

Citation: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Parent Document: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Jurisdiction: Rhode Island (state)
Effective Date: 2001-06-26
Original Source: https://www.courtlistener.com/opinion/1515698/kingstown-mobile-home-park-v-st... ↗

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The record before us revealed that differences between the parties frequently ended in Krzak’s initiating litigation, the long saga of which we need not discuss in detail for our analysis. In July 1995, Krzak filed an eviction claim against Strashnick for violating parking regulations and for erecting too large a garden shed.3 After a hearing in August 1996, a District Court judge permitted Strashnick to cure the breach and dismissed his counterclaim for “harassment.” In May 1996, as the result of another complaint by Krzak, Strashnick was permitted by a Superior Court justice to erect a carport over the then-existing concrete slab. In October 1996 and August 1997, Krzak sent notices of “Termination of Tenancy” to Strashnick, requesting that he remove himself and his mobile home from the park within sixty days. The first notice stated that Strashnick’s tenancy was “a periodic one on a month-to-month basis” and was being terminated “pursuant to Rhode Island General Laws 31-44-2 and 34-18-37.” A second notice added that the reason for the month-to-month tenancy was Strash-nick’s failure to sign a lease. Strashnick ignored both notices, and in October 1997, Krzak filed a complaint for Strashnick’s eviction as a holdover tenant. After a District Court judge found in favor of Strashnick, Krzak filed for a trial de novo in Superior Court. Strashnick responded by filing a counterclaim for reprisal under § 31-44-5, retaliatory conduct under G.L. *8521956 § 34-18-46, abuse of process, malicious prosecution, and trespass.

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