This section contains the nature of the case and procedural background.

P are tenants of a mobile home community owned by Cripe (D) and managed by Vavreck (D). P are currently in possession of a mobile home under the terms of a written lease agreement for a monthly rent of $ 116. The lease also allows D to retake possession if P is in arrears. P was in arrears since December, 1978. Because of the continual nature of the arrearages, D, in September of 1980, decided to retake possession of the mobile home occupied by P. D did a self-help eviction. D simple padlocked the door of the mobile home, terminated water and electricity supplies and placed the following note on its door: 'We have taken possession of your apartment due to unpaid rent. You may make payment in full and arrange to pick up your property at the office during hours.' P sued D for a preliminary injunction and a permanent injunction. P was put back in possession.

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