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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I reach this conclusion for several reasons. First, none of the enumerated "limitations" in § 31-44-2(a) conflict with the express provisions of G.L.1956 § 34-18-37 (allowing termination of periodic tenancies), provisions that are expressly incorporated by reference into § 31-44-2(a). These provisions allow an owner or landlord to terminate a periodic residential tenancy by providing the tenant with the requisite advance written notice of such termination. Thus, § 31-44-2(a) expressly provides, in its first sentence, that "[a] tenancy may be terminated by a park owner or operator pursuant to chapter 18 of title 34 [the Residential Landlord and Tenant Act]." Section 34-18-37(b) of that act expressly allows landlords to terminate periodic tenancies like this one upon providing the tenant with proper advance notice. Hence, the specific legislation dealing with the termination of tenancies in mobile and manufactured home parks expressly incorporates by reference the provisions of the Residential Landlord and Tenant Act. These landlord-tenant-act provisions allow for nonrenewals, for terminationsof periodic tenancies, and for evictions of tenants who unlawfully hold over after the lawful termination or expiration of their tenancy.

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