Fairchild Heights, Inc. v. Dickal, 45 A.3d 627 (2012)

Citation: Fairchild Heights, Inc. v. Dickal, 45 A.3d 627 (2012)
Parent Document: Fairchild Heights, Inc. v. Dickal, 45 A.3d 627 (2012)
Jurisdiction: Connecticut (state)
Effective Date: 2012-06-26
Original Source: https://www.courtlistener.com/opinion/2295282/fairchild-heights-inc-v-dickal/ ↗

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Second, although the trial court did not expressly determine whether parking excess vehicles on one's lot constituted, pursuant to § 21-80a (b)(1), a "[use of] the dwelling unit or the premises ... for a purpose which is in violation of the rental agreement" as we interpret it, we believe that the trial court's findings compel the conclusion that the defendants' violation did indeed fall within this subdivision of § 21-80a (b). In particular, the trial court found that the rental agreement limited the number of motor vehicles on each mobile home lot to two vehicles before the imposition of an additional fee. The court also found that the defendants violated this provision by continually parking three or four vehicles on the premises[11] over the course of several years without ever paying the requisite fee. Additionally, the trial court recognized that a park owner has a genuine need to control the number of vehicles in the park, explaining that "[e]xcess vehicles are commonly parked on common property or impinge upon the roads throughout the park making snow removal and maintenance difficult." Thus, it is clear that the defendants were using their lot for the purpose of parking additional vehicles, which was a material violation of the terms of the rental agreement.

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