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Property Keyed to Saxer
Wofford v. Vavreck
Facts
The Woffords (Plaintiffs) rented a mobile home in a mobile home community owned by Cripe and managed by Vavreck (Defendants). The written lease agreement between Plaintiffs and Defendants included a clause that allowed Defendants to take immediate possession of the mobile home, without providing notice to Plaintiffs, in the event that rent was not paid timely. After Plaintiffs failed to pay rent for an extended period of time,Defendants served Plaintiffs with a document titled “Three Day Notice of Nonpayment of Rent.” The document indicated that Plaintiffs owed over $600 in back rent and late charges, demanded immediate payment in full, and their failure to do so would result in Defendants repossessing the mobile home. Plaintiffs failed to pay as demanded. Defendants placed a padlock on the door of Plaintiffs’ residence and stopped all water and electric service. Plaintiffs sued Defendants seeking a preliminary injunction that would restore possession of their mobile home and seeking additional relief. The trial court granted Plaintiffs’ request for a preliminary injunction. Defendants appealed.
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