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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Our review of the record of the trial proceedings revealed that Krzak complied with the sixty-days' notice for termination of tenancy specified in § 31-44-2(b) but, as the Superior Court justice noted, in all other respects treated Strashnick "like a month-to-month tenant of any other type of dwelling." Krzak in fact conceded that none of the grounds enumerated in § 31-44-2(a) was at issue in the litigation before us. Instead, she relied "on the basic common law doctrine of holdover tenancy, which basically, allows an owner of real estate to evict an individual after their term is up and upon proper notice." The Superior Court justice rejected this approach, and we agree with her assessment that "[t]here is no question that the plaintiff attempted to evict the defendant in violation of the clear and unambiguous provisions of the statute." Once Krzak had admitted that the conditions of the eviction statute had not been fulfilled, she could not make a claim based on common law that clearly was superseded by the statute enacted in 1985, eight years before Strashnick became a resident at the park.

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