As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 56


Representative Uecker 

Cosponsors: Representatives McGregor, J., Seitz, Evans, Fende, Wagoner, Setzer, Combs, Adams, Wolpert, Flowers, Gibbs, Bubp, Distel 


A BILL
To amend sections 1923.01, 1923.02, 1923.12, 1923.13, 1
1923.14, and 3733.11 of the Revised Code to 2
clarify the rights and duties of the parties to an 3
action for a forcible entry and detainer at a 4
manufactured home park.5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 1923.01, 1923.02, 1923.12, 1923.13, 6
1923.14, and 3733.11 of the Revised Code be amended to read as 7
follows:8

       Sec. 1923.01.  (A) As provided in this chapter, any judge of9
a county or municipal court or a court of common pleas, within the10
judge's proper area of jurisdiction, may inquire about persons who11
make unlawful and forcible entry into lands or tenements and12
detain them, and about persons who make a lawful and peaceable13
entry into lands or tenements and hold them unlawfully and by14
force. If, upon the inquiry, it is found that an unlawful and15
forcible entry has been made and the lands or tenements are16
detained, or that, after a lawful entry, lands or tenements are17
held unlawfully and by force, a judge shall cause the plaintiff in18
an action under this chapter to have restitution of the lands or19
tenements.20

       (B) An action shall be brought under this chapter within two21
years after the cause of action accrues.22

       (C) As used in this chapter:23

       (1) "Tenant" means a person who is entitled under a rental24
agreement to the use or occupancy of premises, other than premises25
located in a manufactured home park, to the exclusion of others.26

       (2) "Landlord" means the owner, lessor, or sublessor of27
premises, or the agent or person the landlord authorizes to manage28
premises or to receive rent from a tenant under a rental29
agreement, except, if required by the facts of the action to which30
the term is applied, "landlord" means a park operator.31

       (3) "Park operator," "manufactured home," "mobile home,"32
"manufactured home park," and "resident" have the same meanings as 33
in section 3733.01 of the Revised Code.34

       (4) "Residential premises" has the same meaning as in section 35
5321.01 of the Revised Code, except, if required by the facts of 36
the action to which the term is applied, "residential premises" 37
has the same meaning as in section 3733.01 of the Revised Code.38

       (5) "Rental agreement" means any agreement or lease, written39
or oral, that establishes or modifies the terms, conditions,40
rules, or other provisions concerning the use or occupancy of41
premises by one of the parties to the agreement or lease, except42
that "rental agreement," as used in division (A)(13) of section 43
1923.02 of the Revised Code and where the context requires as used 44
in this chapter, means a rental agreement as defined in division 45
(D) of section 5322.01 of the Revised Code.46

       (6) "Controlled substance" has the same meaning as in section 47
3719.01 of the Revised Code.48

       (7) "School premises" has the same meaning as in section49
2925.01 of the Revised Code.50

       (8) "Sexually oriented offense" and "child-victim oriented 51
offense" have the same meanings as in section 2950.01 of the 52
Revised Code.53

       (9) "Recreational vehicle" hasand "mobile home" have the 54
same meaningmeanings as in section 4501.01 of the Revised Code.55

       (10) "Manufactured home" has the same meaning as in section 56
3781.06 of the Revised Code.57

        (11) "Personal property" means tangible personal property 58
other than a manufactured home, mobile home, or recreational 59
vehicle that is the subject of an action under this chapter.60

       Sec. 1923.02.  (A) Proceedings under this chapter may be had61
as follows:62

       (1) Against tenants or manufactured home park residents63
holding over their terms;64

       (2) Against tenants or manufactured home park residents in65
possession under an oral tenancy, who are in default in the66
payment of rent as provided in division (B) of this section;67

       (3) In sales of real estate, on executions, orders, or other68
judicial process, when the judgment debtor was in possession at69
the time of the rendition of the judgment or decree, by virtue of70
which the sale was made;71

       (4) In sales by executors, administrators, or guardians, and72
on partition, when any of the parties to the complaint were in73
possession at the commencement of the action, after the sales, so 74
made on execution or otherwise, have been examined by the proper 75
court and adjudged legal;76

       (5) When the defendant is an occupier of lands or tenements,77
without color of title, and the complainant has the right of78
possession to them;79

       (6) In any other case of the unlawful and forcible detention80
of lands or tenements. For purposes of this division, in addition81
to any other type of unlawful and forcible detention of lands or82
tenements, such a detention may be determined to exist when both83
of the following apply:84

       (a) A tenant fails to vacate residential premises within85
three days after both of the following occur:86

       (i) The tenant's landlord has actual knowledge of or has87
reasonable cause to believe that the tenant, any person in the88
tenant's household, or any person on the premises with the consent89
of the tenant previously has or presently is engaged in a90
violation of Chapter 2925. or 3719. of the Revised Code, or of a91
municipal ordinance that is substantially similar to any section92
in either of those chapters, which involves a controlled substance93
and which occurred in, is occurring in, or otherwise was or is94
connected with the premises, whether or not the tenant or other95
person has been charged with, has pleaded guilty to or been96
convicted of, or has been determined to be a delinquent child for97
an act that, if committed by an adult, would be a violation as98
described in this division. For purposes of this division, a99
landlord has "actual knowledge of or has reasonable cause to100
believe" that a tenant, any person in the tenant's household, or101
any person on the premises with the consent of the tenant102
previously has or presently is engaged in a violation as described103
in this division if a search warrant was issued pursuant to104
Criminal Rule 41 or Chapter 2933. of the Revised Code; the105
affidavit presented to obtain the warrant named or described the106
tenant or person as the individual to be searched and particularly107
described the tenant's premises as the place to be searched, named108
or described one or more controlled substances to be searched for109
and seized, stated substantially the offense under Chapter 2925.110
or 3719. of the Revised Code or the substantially similar111
municipal ordinance that occurred in, is occurring in, or112
otherwise was or is connected with the tenant's premises, and113
states the factual basis for the affiant's belief that the114
controlled substances are located on the tenant's premises; the115
warrant was properly executed by a law enforcement officer and any116
controlled substance described in the affidavit was found by that117
officer during the search and seizure; and, subsequent to the118
search and seizure, the landlord was informed by that or another119
law enforcement officer of the fact that the tenant or person has120
or presently is engaged in a violation as described in this121
division and it occurred in, is occurring in, or otherwise was or122
is connected with the tenant's premises.123

       (ii) The landlord gives the tenant the notice required by124
division (C) of section 5321.17 of the Revised Code.125

       (b) The court determines, by a preponderance of the evidence, 126
that the tenant, any person in the tenant's household, or any 127
person on the premises with the consent of the tenant previously 128
has or presently is engaged in a violation as described in 129
division (A)(6)(a)(i) of this section.130

       (7) In cases arising out of Chapter 5313. of the Revised131
Code. In those cases, the court has the authority to declare a132
forfeiture of the vendee's rights under a land installment133
contract and to grant any other claims arising out of the134
contract.135

       (8) Against tenants who have breached an obligation that is136
imposed by section 5321.05 of the Revised Code, other than the137
obligation specified in division (A)(9) of that section, and that138
materially affects health and safety. Prior to the commencement of 139
an action under this division, notice shall be given to the tenant 140
and compliance secured with section 5321.11 of the Revised Code.141

       (9) Against tenants who have breached an obligation imposed142
upon them by a written rental agreement;143

       (10) Against manufactured home park residents who have144
defaulted in the payment of rent or breached the terms of a rental145
agreement with a manufactured home park operator. Nothing in this 146
division precludes the commencement of an action under division 147
(A)(12) of this section when the additional circumstances148
described in that division apply.149

       (11) Against manufactured home park residents who have150
committed two material violations of the rules of the manufactured151
home park, of the public health council, or of applicable state152
and local health and safety codes and who have been notified of153
the violations in compliance with section 3733.13 of the Revised154
Code;155

       (12) Against a manufactured home park resident, or the estate156
of a manufactured home park resident, who has been absent from the157
manufactured home park for a period of thirty consecutive days158
prior to the commencement of an action under this division and159
whose manufactured home or mobile home, or recreational vehicle160
that is parked in the manufactured home park, has been left161
unoccupied for that thirty-day period, without notice to the park162
operator and without payment of rent due under the rental163
agreement with the park operator;164

       (13) Against occupants of self-service storage facilities, as165
defined in division (A) of section 5322.01 of the Revised Code,166
who have breached the terms of a rental agreement or violated167
section 5322.04 of the Revised Code;168

       (14) Against any resident or occupant who, pursuant to a169
rental agreement, resides in or occupies residential premises 170
located within one thousand feet of any school premises and to171
whom both of the following apply:172

       (a) The resident's or occupant's name appears on the state173
registry of sex offenders and child-victim offenders maintained 174
under section 2950.13 of the Revised Code.175

       (b) The state registry of sex offenders and child-victim 176
offenders indicates that the resident or occupant was convicted of 177
or pleaded guilty to either a sexually oriented offense that is 178
not a registration-exempt sexually oriented offense or a 179
child-victim oriented offense in a criminal prosecution and was 180
not sentenced to a serious youthful offender dispositional 181
sentence for that offense.182

       (15) Against any tenant who permits any person to occupy183
residential premises located within one thousand feet of any 184
school premises if both of the following apply to the person:185

        (a) The person's name appears on the state registry of sex 186
offenders and child-victim offenders maintained under section 187
2950.13 of the Revised Code.188

        (b) The state registry of sex offenders and child-victim 189
offenders indicates that the person was convicted of or pleaded 190
guilty to either a sexually oriented offense that is not a 191
registration-exempt sexually oriented offense or a child-victim 192
oriented offense in a criminal prosecution and was not sentenced193
to a serious youthful offender dispositional sentence for that 194
offense.195

       (16) Against a manufactured home park resident, or the estate 196
of a manufactured home park resident, who dies during the term of 197
the resident's rental agreement with the park operator.198

       (B) If a tenant or manufactured home park resident holding199
under an oral tenancy is in default in the payment of rent, the200
tenant or resident forfeits the right of occupancy, and the201
landlord may, at the landlord's option, terminate the tenancy by 202
notifying the tenant or resident, as provided in section 1923.04 203
of the Revised Code, to leave the premises, for the restitution of 204
which an action may then be brought under this chapter.205

       (C)(1) If a tenant or any other person with the tenant's206
permission resides in or occupies residential premises that are207
located within one thousand feet of any school premises and is a208
resident or occupant of the type described in division (A)(14) of209
this section or a person of the type described in division (A)(15)210
of this section, the landlord for those residential premises, upon211
discovery that the tenant or other person is a resident, occupant, 212
or person of that nature, may terminate the rental agreement or 213
tenancy for those residential premises by notifying the tenant and 214
all other occupants, as provided in section 1923.04 of the Revised 215
Code, to leave the premises.216

       (2) If a landlord is authorized to terminate a rental217
agreement or tenancy pursuant to division (C)(1) of this section218
but does not so terminate the rental agreement or tenancy, the 219
landlord is not liable in a tort or other civil action in damages 220
for any injury, death, or loss to person or property that 221
allegedly result from that decision.222

       (D) This chapter does not apply to a student tenant as223
defined by division (H) of section 5321.01 of the Revised Code224
when the college or university proceeds to terminate a rental225
agreement pursuant to section 5321.031 of the Revised Code.226

       Sec. 1923.12. (A) If a resident or a resident's estate has227
been evicted from a manufactured home park pursuant to a judgment228
entered under section 1923.09 or 1923.11 of the Revised Code and229
if the resident or estate has abandoned or otherwise left230
unoccupied the resident's manufactured home, mobile home, or231
recreational vehicle on the residential premises of the232
manufactured home park for a period of three days following the233
entry of the judgment, the operator of the manufactured home park234
may provide to the titled owner of the home or vehicle a written235
notice to remove the home or vehicle from the manufactured home236
park within fourteen days from the date of the delivery of the237
notice. The park operator shall deliver or cause the delivery of238
the notice by personal delivery to the owner or by ordinary mail239
sent to the last known address of the owner. Except as provided in 240
divisions (D) and (E) of this section, if the owner of the241
manufactured home, mobile home, or recreational vehicle does not242
remove it or cause it to be removed from the manufactured home243
park within fourteen days from the date of the delivery of the244
notice, the park operator may follow the procedures of division245
(B) of section 1923.13 and division (B) of section 1923.14 of the246
Revised Code to permit the removal of the home or vehicle from the 247
manufactured home park, and the potential sale, destruction, or 248
transfer of ownership of the home or vehicle.249

       (B) Every notice provided to the titled owner of a250
manufactured home, mobile home, or recreational vehicle under this251
section shall contain the following language printed in a252
conspicuous manner: "You are being asked to remove your253
manufactured home, mobile home, or recreational vehicle from the254
residential premises of .........., a manufactured home park, in255
accordance with a judgment of eviction entered in .......... court256
on .......... against ........... If the manufactured home, mobile 257
home, or recreational vehicle is not removed from the manufactured 258
home park within fourteen days from the date of delivery of this 259
notice, the home or vehicle may be sold or destroyed, or its title 260
may be transferred to .........., pursuant to division (B) of both 261
sections 1923.13 and 1923.14 of the Revised Code. If you are in 262
doubt regarding your legal rights, it is recommended that you seek 263
legal assistance."264

       (C) Before requesting a writ of execution under division (B)265
of section 1923.13 of the Revised Code, the park operator shall266
conduct or cause to be conducted a search of the appropriate267
public records that relate to the manufactured home, mobile home,268
or recreational vehicle, and make or cause to be made reasonably269
diligent inquiries, for the purpose of identifying any persons who270
have an outstanding right, title, or interest in the home or271
vehicle. If the search or inquiries reveal any person who has an272
outstanding right, title, or interest in the manufactured home,273
mobile home, or recreational vehicle, the park operator shall list274
the name and last known address of each person with a right,275
title, or interest of that nature on its request for the writ of276
execution. The park operator also shall certify on the request277
that the park operator provided the written notice required by 278
this section. The clerk of the municipal court, county court, or 279
court of common pleas may require the park operator to pay an 280
advance deposit sufficient to secure payment of the appraisal of 281
the manufactured home, mobile home, or recreational vehicle and 282
the advertisement of the sale of the home or vehicle.283

       (D) When a deceased resident or a resident's estate has been 284
evicted from a manufactured home park pursuant to a judgment 285
entered under section 1923.09 or 1923.11 of the Revised Code, the 286
removal from the park and potential sale, destruction, or transfer 287
of ownership of the resident's manufactured home, mobile home, or 288
recreational vehicle and any personal property abandoned on the 289
residential premises shall be conducted in the manner prescribed 290
by the probate court in which letters testamentary or of 291
administration have been granted for the estate in accordance with 292
Title XXI of the Revised Code. The park operator may store the 293
resident's manufactured home, mobile home, or recreational vehicle 294
at a storage facility or at another location within the 295
manufactured home park during the administration of the estate. 296
The park operator shall notify the executor or administrator of 297
the resident's estate where the manufactured home, mobile home, or 298
recreational vehicle will be stored during the administration of 299
the estate. The costs for the removal and storage of the 300
manufactured home, mobile home, or recreational vehicle shall be a 301
claim against the resident's estate without further presentation 302
of the claim to the executor or administrator.303

       (E)(1) When the resident who has been evicted from a304
manufactured home park pursuant to a judgment entered under305
section 1923.09 or 1923.11 of the Revised Code is the titled owner306
of a manufactured home, mobile home, or recreational vehicle and307
is or becomes deceased prior to the removal of the home or vehicle308
from the manufactured home park, and no probate court has granted309
letters testamentary or of administration with respect to the310
resident's estate, the park operator may store the home or vehicle311
at a storage facility or at another location within the312
manufactured home park before and after a probate court grants313
letters testamentary or of administration with respect to the314
resident's estate pursuant to Title XXI of the Revised Code.315

       (2) If no probate court grants letters testamentary or of316
administration with respect to the resident's estate within one317
year of the date of the eviction of the resident from the318
manufactured home park pursuant to a judgment entered under319
section 1923.09 or 1923.11 of the Revised Code, the park operator320
may follow the procedures of division (B) of section 1923.13 and321
division (B) of section 1923.14 of the Revised Code to permit the322
removal of the manufactured home, mobile home, or recreational 323
vehicle from the park and potential sale, destruction, or transfer324
of ownership of the home or vehicle.325

       (3) If a probate court grants letters testamentary or of326
administration with respect to the resident's estate within one327
year of the date of the eviction of the resident from the park,328
the removal of the manufactured home, mobile home, or recreational 329
vehicle from the park and potential sale, destruction, or transfer 330
of ownership of the home or vehicle shall be conducted pursuant to331
division (D) of this section.332

       Sec. 1923.13. (A) When a judgment of restitution is entered333
by a court in an action under this chapter, unless the plaintiff334
or the plaintiff's agent or attorney proceeds under division (B)335
of this section, at the request of the plaintiff or the336
plaintiff's agent or attorney, that court shall issue a writ of337
execution on the judgment, in the following form, as near as338
practicable:339

       "The state of Ohio, ........................ county: To any340
constable or police officer of ................... township, city,341
or village; or To the sheriff of ...............................342
county; or To any authorized bailiff of the ............ (name of 343
court):344

       Whereas, in a certain action for the forcible entry and345
detention (or the forcible detention, as the case may be), of the346
following described premises, to wit: ............, lately tried347
before this court, wherein ............... was plaintiff, and348
.......... was defendant, .............. judgment was rendered on349
the ........ day of ............, ............, that the plaintiff350
have restitution of those premises; and also that the plaintiff351
recover costs in the sum of .............. You therefore are352
hereby commanded to cause the defendant to be forthwith removed353
from those premises, and the plaintiff to have restitution of354
them; also, that you levy of the goods and chattels of the355
defendant, and make the costs previously mentioned and all356
accruing costs, and of this writ make legal service and due357
return.358

       Witness my hand, this ....... day of ....., .........359
.......................... Judge, .......... (Name of court)"360

       (B) When a judgment of restitution is entered by a court in361
any action under this chapter against a manufactured home park362
resident or the estate of a manufactured home park resident, at363
the request of the plaintiff or the plaintiff's agent or attorney,364
that court shall issue a writ of execution on the judgment, in the365
following form, as near as practicable:366

       "The state of Ohio, .......... county; To any constable or367
police officer of .......... township, city, or village; or To the368
sheriff of .......... county; or To any authorized bailiff of the369
.......... (name of court):370

       Whereas, in a certain action for eviction of a resident or a371
resident's estate from the following described residential372
premises of a manufactured home park on which the following373
described manufactured home, mobile home, or recreational vehicle374
is located, to wit: .........., lately tried before this court,375
wherein .......... was plaintiff, and .......... was defendant,376
.......... judgment was rendered on the .......... day of377
.........., .........., that the plaintiff have restitution of the378
premises and also that the plaintiff recover costs in the sum of379
........... You therefore are hereby authorized to cause the380
defendant to be removed from the residential premises, if381
necessary. Also, you are to levy of the goods and chattels of the382
defendant, and make the costs previously mentioned and all383
accruing costs, and of this writ make legal service and due384
return.385

       Further, you are authorized to cause the manufactured home,386
mobile home, or recreational vehicle, and all personal property387
and vehicles of the defendant on the residential premises, to be,388
at your option, either (1) removed from the manufactured home park389
and, if necessary, moved to a storage facility of your choice, or390
(2) retained at their current location on the residential391
premises, until they are disposed of in a manner authorized by392
this writ or the law of this state.393

       If the manufactured home, mobile home, or recreational394
vehicle has been abandoned by the defendant and the requirements395
of section 1923.12 of the Revised Code have been satisfied, you396
are hereby authorized to cause the sale of the home or vehicle in397
accordance with division (B)(3) of section 1923.14 of the Revised398
Code. A search of appropriate public records or other reasonably399
diligent inquiries reveals the following persons, whose last known400
addresses are listed next to their names, may continue to have an401
outstanding right, title, or interest in the home or vehicle:402
.......... If you are unable to sell the manufactured home, mobile403
home, or recreational vehicle due to a want of bidders, after it404
is offered for sale on two occasions, you are hereby commanded to405
cause the presentation of this writ to the clerk of this court for406
the issuance of a certificate of title transferring the title of407
the home or vehicle to the plaintiff, free and clear of all408
security interests, liens, and encumbrances, in accordance with409
division (B)(3) of section 1923.14 of the Revised Code.410

       If the manufactured home, mobile home, or recreational411
vehicle has been so abandoned and has a value of less than three412
thousand dollars and if the requirements of section 1923.12 of the413
Revised Code have been satisfied, you are hereby authorized either414
to cause the sale or destruction of the home or vehicle, or to415
cause the presentation of this writ to the clerk of this court for416
the issuance of a certificate of title transferring the title of417
the home or vehicle to the plaintiff, free and clear of all418
security interests, liens, and encumbrances, in accordance with419
division (B)(4) of section 1923.14 of the Revised Code.420

       Upon this writ's presentation to the clerk of this court421
under the circumstances described in either of the two preceding422
paragraphs and in accordance with division (B)(3) or (4) of423
section 1923.14 of the Revised Code, as applicable, the clerk is424
hereby commanded to issue a certificate of title transferring the425
title of the manufactured home, mobile home, or recreational426
vehicle to the plaintiff, free and clear of all security427
interests, liens, and encumbrances, in the manner prescribed in428
section 4505.10 of the Revised Code.429

       Witness my hand, this .......... day of ..........,430
.......... , .......... Judge, .......... (Name of court)."431

       Sec. 1923.14. (A) Except as otherwise provided in this432
section, within ten days after receiving a writ of execution433
described in division (A) or (B) of section 1923.13 of the Revised434
Code, the sheriff, police officer, constable, or bailiff shall435
execute it by restoring the plaintiff to the possession of the436
premises, and shall levy and collect the costs and make return, as437
upon other executions. If an appeal from the judgment of438
restitution is filed and if, following the filing of the appeal, a439
stay of execution is obtained and any required bond is filed with440
the court of common pleas, municipal court, or county court, the441
judge of that court immediately shall issue an order to the442
sheriff, police officer, constable, or bailiff commanding the443
delay of all further proceedings upon the execution. If the444
premises have been restored to the plaintiff, the sheriff, police445
officer, constable, or bailiff shall forthwith place the defendant446
in possession of them, and return the writ with the sheriff's,447
police officer's, constable's, or bailiff's proceedings and the448
costs taxed on it.449

       (B)(1) After a court of common pleas, municipal court, or450
county court issues a writ of execution described in division (B)451
of section 1923.13 of the Revised Code, the clerk of the court452
shall send by regular mail, to the last known address of the453
titled owner of the manufactured home, mobile home, or454
recreational vehicle that is the subject of the writ and to the455
last known address of each other person who is listed on the writ456
as having any outstanding right, title, or interest in the home or457
vehicle and to the auditor and treasurer of the county in which 458
the court is located, a written notice that the home or vehicle 459
potentially may be sold, destroyed, or have its title transferred 460
under the circumstances described in division (B)(3) or (4) of 461
this section.462

       (2) AfterExcept as otherwise provided in this division, 463
after receiving a writ of execution described in division (B) of 464
section 1923.13 of the Revised Code, and after causing the465
defendant to be removed from the residential premises of the466
manufactured home park, if necessary, in accordance with the writ,467
the sheriff, police officer, constable, or bailiff may cause the468
manufactured home, mobile home, or recreational vehicle that is469
the subject of the writ, and all personal property and vehicles of470
the defendant on the residential premises, at the sheriff's,471
police officer's, constable's, or bailiff's option, either to be472
removed from the manufactured home park and, if necessary, moved473
to a storage facility of the sheriff's, police officer's,474
constable's, or bailiff's choice, or to be retained at their475
current location on the residential premises, until they are476
claimed by the defendant or they are disposed of in a manner477
authorized by division (B)(3) or, (4), or (6) of this section or 478
by another section of the Revised Code. The sheriff, police 479
officer, constable, or bailiff shall not cause the manufactured 480
home, mobile home, or recreational vehicle that is the subject of 481
the writ, or the defendant's personal property, to be removed from 482
the manufactured home park or moved to a storage facility if the 483
holder of any outstanding lien, right, title, or interest in the 484
home or vehicle, other than the titled owner of the home or 485
vehicle, meets the conditions set forth in division (B)(6) of this 486
section.487

       The sheriff, police officer, constable, or bailiff who488
removes the manufactured home, mobile home, or recreational489
vehicle, or the personal property and vehicles of the defendant,490
from the residential premises shall be immune from civil liability491
pursuant to section 2744.03 of the Revised Code for any damage492
caused to the home, any vehicle, or any personal property during493
the removal. The park operator shall not be liable for any damage494
caused by the park operator's removal of the manufactured home,495
mobile home, or recreational vehicle, or, the removal of the496
personal property or vehicles of the defendant, from the497
residential premises, or for any damage to the personal property498
and vehicles of the defendant during the time the home, vehicle,499
or property remains abandoned or stored in the manufactured home500
park, unless the damage is the result of acts that the park501
operator or the park operator's agents or employees performed with502
malicious purpose, in bad faith, or in a wanton or reckless503
manner. The reasonable costs for a removal of the manufactured504
home, mobile home, or recreational vehicle and, as applicable, the505
reasonable costs for its storage shall constitute a lien upon the506
home or vehicle payable by its titled owner or payable pursuant to507
division (B)(3) of this section.508

       (3) Except as provided in divisions (B)(4) and, (5), and (6)509
of this section, within sixty days after receiving a writ of 510
execution described in division (B) of section 1923.13 of the 511
Revised Code, the sheriff, police officer, constable, or bailiff 512
shall commence proceedings for the sale of the manufactured home, 513
mobile home, or recreational vehicle that is the subject of the 514
writ, and the personal property of the defendant on the 515
residential premises, if itthe home or vehicle is determined to 516
be abandoned in accordance with the procedures for the sale of 517
goods on execution under Chapter 2329. of the Revised Code. In 518
addition to all notices required to be given under section 2329.13 519
of the Revised Code, the sheriff, police officer, constable, or 520
bailiff shall serve at their respective last known addresses a 521
written notice of the date, time, and place of the sale upon all 522
persons who are listed on the writ of execution as having any523
outstanding right, title, or interest in the abandoned524
manufactured home, mobile home, or recreational vehicle and the 525
personal property and shall provide written notice to the auditor 526
and the treasurer of the county in which the court issuing the 527
writ is located.528

       Notwithstanding any statutory provision to the contrary,529
including, but not limited to, section 2329.66 of the Revised530
Code, there shall be no stay of execution or exemption from levy531
or sale on execution available to the titled owner of the532
abandoned manufactured home, mobile home, or recreational vehicle533
in relation to a sale under this division. The sheriff, police534
officer, constable, or bailiff shall distribute the proceeds from535
the sale of an abandoned manufactured home, mobile home, or536
recreational vehicle under this division in the following manner:537

       (a) The sheriff, police officer, constable, or bailiff shall538
first pay the costs for any moving of and any storage outside the539
manufactured home park of the home or vehicle pursuant to division540
(B)(2) of this section, the costs of the sale, including 541
reimbursing the park operator for the fees that the park operator 542
paid to the clerk of court under division (C) of section 1923.12 543
of the Revised Code, and any unpaid court costs assessed against 544
the defendant in the underlying action.545

       (b) Following the payment required by division (B)(3)(a) of546
this section, the sheriff, police officer, constable, or bailiff547
shall pay all outstanding tax liens on the home or vehicle.548

       (c) Following the payment required by division (B)(3)(b) of549
this section, the sheriff, police officer, constable, or bailiff550
shall pay all other outstanding security interests, liens, or551
encumbrances on the home or vehicle by priority of filing or other552
priority.553

       (d) Following the payment required by division (B)(3)(c) of554
this section, the sheriff, police officer, constable, or bailiff555
shall pay any outstanding monetary judgment rendered under section556
1923.09 or 1923.11 of the Revised Code in favor of the plaintiff557
and any costs associated with retaining the home or vehicle prior558
to the sale at its location on the residential premises within the559
manufactured home park pursuant to division (B)(2) of this560
section.561

       (e) After complying with divisions (B)(3)(a) to (d) of this 562
section, the sheriff, police officer, constable, or bailiff shall 563
report any remaining money as unclaimed funds pursuant to Chapter 564
169. of the Revised Code.565

       Upon the return of any writ of execution for the satisfaction566
of which an abandoned manufactured home, mobile home, or567
recreational vehicle has been sold under this division, on careful568
examination of the proceedings of the sheriff, police officer,569
constable, or bailiff conducting the sale, if the court that570
issued the writ finds that the sale was made, in all respects, in571
conformity with the relevant provisions of Chapter 2329. of the572
Revised Code and with this division, it shall direct the clerk of573
the court to make an entry on the journal that the court is574
satisfied with the legality of the sale and the court shall direct 575
the clerk of the court of common pleas of the county in which the 576
writ was issued to issue a certificate of title, free and clear of 577
all security interests, liens, and encumbrances, to the purchaser 578
of the home or vehicle. The clerk of the court of common pleas 579
shall issue the new certificate of title to the purchaser of the 580
home or vehicle regardless of whether the writ was issued by the 581
court of common pleas or another court duly authorized to issue 582
the writ. If the manufactured home, mobile home, or recreational 583
vehicle sold under this division is located in a manufactured home 584
park, the purchaser of the home or vehicle shall have no right to 585
maintain the home or vehicle in the manufactured home park without 586
the park operator's consent and the sheriff, police officer, 587
constable, or bailiff conducting the sale shall notify all 588
prospective purchasers of this fact prior to the commencement of 589
the sale.590

       If, after it is offered for sale on two occasions under this591
division, the abandoned manufactured home, mobile home, or592
recreational vehicle cannot be sold due to a want of bidders, the593
sheriff, police officer, constable, or bailiff shall present the594
writ of execution unsatisfied to the clerk of the court that595
issuedof common pleas of the county in which the writ was issued596
for the issuance by the clerk in the manner prescribed in section 597
4505.10 of the Revised Code of a certificate of title transferring 598
the title of the home or vehicle to the plaintiff, free and clear 599
of all security interests, liens, and encumbrances. The clerk of 600
the court of common pleas shall issue the new certificate of title 601
transferring the title of the manufactured home, mobile home, or 602
recreational vehicle to the plaintiff regardless of whether the 603
writ was issued by the court of common pleas or another court duly 604
authorized to issue the writ. If any taxes are owed on the home or 605
vehicle at this time, the county auditor shall remove the 606
delinquent taxes from the manufactured home tax list and the 607
delinquent manufactured home tax list and remit any penalties for 608
late payment of manufactured home taxes. Acceptance of the 609
certificate of title by the plaintiff terminates all further 610
proceedings under this section.611

       (4) Except as provided in division (B)(5) or (6) of this 612
section, within sixty days after receiving a writ of execution613
described in division (B) of section 1923.13 of the Revised Code,614
if the manufactured home, mobile home, or recreational vehicle is615
determined to be abandoned and to have a value of less than three616
thousand dollars, the sheriff, police officer, constable, or617
bailiff shall serve at their respective last known addresses a618
written notice of potential action as described in this division619
upon all persons who are listed on the writ as having any620
outstanding right, title, or interest in the home or vehicle. This621
notice shall be in addition to all notices required to be given622
under section 2329.13 of the Revised Code. Subject to the623
fulfillment of these notice requirements, the sheriff, police624
officer, constable, or bailiff shall take one of the following625
actions with respect to the abandoned manufactured home, mobile626
home, or recreational vehicle:627

       (a) Cause its destruction if there is no person having an628
outstanding right, title, or interest in itthe home or vehicle, 629
other than the titled owner of the home or vehicle;630

       (b) Proceed with its sale under division (B)(3) of this631
section;632

       (c) If there is no person having an outstanding right, title, 633
or interest in the home or vehicle other than the titled owner of 634
the home or vehicle, or if there is an outstanding right, title, 635
or interest in the home or vehicle and the lienholder consents in 636
writing, present the writ of execution to the clerk of the court637
that issuedof common pleas of the county in which the writ was 638
issued for the issuance by the clerk in the manner prescribed in 639
section 4505.10 of the Revised Code of a certificate of title 640
transferring the title of the home or vehicle to the plaintiff, 641
free and clear of all security interests, liens, and encumbrances. 642
The clerk of the court of common pleas shall issue the new 643
certificate of title transferring the title of the home or vehicle 644
regardless of whether the writ was issued by the court of common 645
pleas or another court duly authorized to issue the writ. If any 646
taxes are owed on the home or vehicle at this time, the county 647
auditor shall remove the delinquent taxes from the manufactured 648
home tax list and the delinquent manufactured home tax list and 649
remit any penalties for late payment of manufactured home taxes. 650
Acceptance of the certificate of title by the plaintiff terminates 651
all further proceedings under this section.652

       (5) At any time prior to the issuance of the writ of653
execution described in division (B) of section 1923.13 of the654
Revised Code, the titled owner of the manufactured home, mobile655
home, or recreational vehicle that would be the subject of the656
writ may remove the abandoned home or vehicle from the657
manufactured home park or other place of storage upon payment to658
the county auditor of all outstanding tax liens on the home or659
vehicle and, unless the owner is indigent, payment to the clerk of660
court of all unpaid court costs assessed against the defendant in661
the underlying action. After the issuance of the writ of662
execution, the titled owner of the home or vehicle may remove the663
abandoned home or vehicle from the manufactured home park or other664
place of storage at any time up to the day before the scheduled665
sale, destruction, or transfer of the home or vehicle pursuant to666
division (B)(3) or (4) of this section upon payment of all of the667
following:668

        (a) All costs for moving and storage of the home or vehicle669
pursuant to division (B)(2) of this section and all costs incurred670
by the sheriff, police officer, constable, or bailiff up to and671
including the date of the removal of the home or vehicle;672

       (b) All outstanding tax liens on the home or vehicle;673

       (c) Unless the owner is indigent, all unpaid court costs674
assessed against the defendant in the underlying action.675

       (6) At any time after the issuance of the writ of execution 676
described in division (B) of section 1923.13 of the Revised Code, 677
the holder of any outstanding lien, right, title, or interest in 678
the manufactured home, mobile home, or recreational vehicle, other 679
than the titled owner of the home or vehicle, may stop the 680
sheriff, police officer, constable, or bailiff from proceeding 681
with the sale under this division by doing both of the following:682

        (a) Commencing a proceeding to repossess the home or vehicle 683
pursuant to Chapters 1309. and 1317. of the Revised Code;684

        (b) Paying to the park operator all monthly rental payments 685
for the lot on which the home or vehicle is located from the time 686
of the issuance of the writ of execution until the time that the 687
home or vehicle is sold pursuant to Chapters 1309. and 1317. of 688
the Revised Code.689

       Sec. 3733.11.  (A)(1) The park operator shall offer each home 690
owner a written rental agreement for a manufactured home park lot 691
for a term of one year or more that contains terms essentially the 692
same as any alternative month-to-month rental agreement offered to 693
current and prospective tenants and owners. The park operator 694
shall offer the minimum one-year rental agreement to the owner 695
prior to installation of the home in the manufactured home park 696
or, if the home is in the manufactured home park, prior to the 697
expiration of the owner's existing rental agreement.698

       (2) The park operator shall deliver the offer to the owner by 699
certified mail, return receipt requested, or in person. If the 700
park operator delivers the offer to the owner in person, the owner 701
shall complete a return showing receipt of the offer. If the owner 702
does not accept the offer, the park operator is discharged from 703
any obligation to make any further such offers. If the owner 704
accepts the offer, the park operator shall, at the expiration of 705
each successive rental agreement, offer the owner another rental 706
agreement, for a term that is mutually agreed upon, and that 707
contains terms essentially the same as the alternative 708
month-to-month agreement. The park operator shall deliver 709
subsequent rental offers in the same manner as the first rental 710
offerby ordinary mail or personal delivery. If the park operator 711
sells the manufactured home park to another manufactured home park 712
operator, the purchaser is bound by the rental agreements entered 713
into by histhe purchaser's predecessor.714

       (3) If the park operator sells the manufactured home park for 715
a use other than as a manufactured home park, the park operator 716
shall give each tenant and owner a written notification by 717
certified mail, return receipt requested, or by handing it to the 718
tenant or owner in person. If the park operator delivers the719
notification in person, the recipient shall complete a return720
showing receipt of the notification. This notification shall721
contain notice of the sale of the manufactured home park, and722
notice of the date by which the tenant or owner shall vacate. The 723
date by which the tenant shall vacate shall be at least one724
hundred twenty days after receipt of the written notification, and 725
the date by which the owner shall vacate shall be at least one 726
hundred eighty days after receipt of the written notification.727

       (B) A park operator shall fully disclose in writing all fees, 728
charges, assessments, including rental fees, and rules prior to a 729
tenant or owner executing a rental agreement and assuming730
occupancy in the manufactured home park. No fees, charges,731
assessments, or rental fees so disclosed may be increased nor732
rules changed by a park operator without specifying the date of733
implementation of the changed fees, charges, assessments, rental734
fees, or rules, which date shall be not less than thirty days735
after written notice of the change and its effective date to all736
tenants or owners in the manufactured home park, and no fee,737
charge, assessment, or rental fee shall be increased during the738
term of any tenant's or owner's rental agreement. Failure on the739
part of the park operator to fully disclose all fees, charges, or740
assessments shall prevent the park operator from collecting the741
undisclosed fees, charges, or assessments. If a tenant or owner742
refuses to pay any undisclosed fees, charges, or assessments, the743
refusal shall not be used by the park operator as a cause for744
eviction in any court.745

       (C) A park operator shall promulgate rules governing the746
rental or occupancy of a lot in the manufactured home park. The747
rules shall not be unreasonable, arbitrary, or capricious. A copy 748
of the rules and any amendments to them shall be delivered by the 749
park operator to the tenant or owner prior to signing the rental750
agreement. A copy of the rules and any amendments to them shall be 751
posted in a conspicuous place upon the manufactured home park752
grounds.753

       (D) No park operator shall require an owner to purchase from 754
the park operator any personal property. The park operator may 755
determine by rule the style or quality of skirting, equipment for 756
tying down homes, manufactured or mobile home accessories, or 757
other equipment to be purchased by an owner from a vendor of the 758
owner's choosing, provided that the equipment is readily available 759
to the owner. Any such equipment shall be installed in accordance 760
with the manufactured home park rules.761

       (E) No park operator shall charge any owner who chooses to762
install an electric or gas appliance in a home an additional fee 763
solely on the basis of the installation, unless the installation 764
is performed by the park operator at the request of the owner, nor 765
shall the park operator restrict the installation, service, or 766
maintenance of the appliance, restrict the ingress or egress of 767
repairpersons to the manufactured home park for the purpose of 768
installation, service, or maintenance of the appliance, nor 769
restrict the making of any interior improvement in a home, if the 770
installation or improvement is in compliance with applicable 771
building codes and other provisions of law and if adequate utility 772
services are available for the installation or improvement.773

       (F) No park operator shall require a tenant to lease or an774
owner to purchase a manufactured or mobile home from the park 775
operator or any specific person as a condition of or prerequisite 776
to entering into a rental agreement.777

       (G) No park operator shall require an owner to use the778
services of the park operator or any other specific person for779
installation of the manufactured or mobile home on the residential 780
premises or for the performance of any service.781

       (H) No park operator shall:782

       (1) Deny any owner the right to sell the owner's manufactured 783
home within the manufactured home park if the owner gives the park784
operator ten days' notice of the intention to sell the home;785

       (2) Require the owner to remove the home from the 786
manufactured home park solely on the basis of the sale of the787
home;788

       (3) Unreasonably refuse to enter into a rental agreement with 789
a purchaser of a home located within the operator's manufactured 790
home park;791

       (4) Charge any tenant or owner any fee, charge, or792
assessment, including a rental fee, that is not set forth in the793
rental agreement or, if the rental agreement is oral, is not set794
forth in a written disclosure given to the tenant or owner prior795
to the tenant or owner entering into a rental agreement;796

       (5) Charge any owner any fee, charge, or assessment because 797
of the transfer of ownership of a home or because a home is moved 798
out of or into the manufactured home park, except a charge for the 799
actual costs and expenses that are incurred by the park operator 800
in moving the home out of or into the manufactured home park, or801
in installing the home in the manufactured home park and that have 802
not been reimbursed by another tenant or owner.803

       (I) If the park operator violates any provision of divisions 804
(A) to (H) of this section, the tenant or owner may recover actual 805
damages resulting from the violation, and, if the tenant or owner 806
obtains a judgment, reasonable attorneys' fees, or terminate the 807
rental agreement.808

       (J) No rental agreement shall require a tenant or owner to809
sell, lease, or sublet the tenant's or owner's interest in the 810
rental agreement or the manufactured or mobile home that is or 811
will be located on the lot that is the subject of the rental 812
agreement to any specific person or through any specific person as 813
the person's agent.814

       (K) No park operator shall enter into a rental agreement with 815
the owner of a manufactured or mobile home for the use of 816
residential premises, if the rental agreement requires the owner 817
of the home, as a condition to the owner's renting, occupying, or818
remaining on the residential premises, to pay the park operator or 819
any other person specified in the rental agreement a fee or any 820
sum of money based on the sale of the home, unless the owner of 821
the home uses the park operator or other person as the owner's 822
agent in the sale of the home.823

       (L) A park operator and a tenant or owner may include in a824
rental agreement any terms and conditions, including any term825
relating to rent, the duration of an agreement, and any other826
provisions governing the rights and obligations of the parties827
that are not inconsistent with or prohibited by sections 3733.09828
to 3733.20 of the Revised Code or any other rule of law.829

       (M) Notwithstanding any other provision of the Revised Code, 830
the owner of a manufactured or mobile home that was previously 831
titled by a dealer may utilize the services of a manufactured home832
dealer licensed under Chapter 4517. of the Revised Code or a833
person properly licensed under Chapter 4735. of the Revised Code834
to sell or lease the home.835

       Section 2.  That existing sections 1923.01, 1923.02, 1923.12, 836
1923.13, 1923.14, and 3733.11 of the Revised Code are hereby 837
repealed.838