Mobile home eviction rules in Ohio

Ohio's manufactured home park law limits the grounds for eviction, builds in a 30-day cure period for rule violations, and forbids self-help — a park has to go through the courts. The information below describes how the law generally works; anyone facing a specific notice should consider consulting a licensed attorney in Ohio.

What the statute says

Ohio Rev. Code §4781.37 lists the grounds on which a park "may bring an action under Chapter 1923. of the Revised Code for possession of the premises": the resident "is in default in the payment of rent"; the code violation the resident complained of "was primarily caused by any act or lack of reasonable care by the resident"; the resident "is holding over the resident's term"; the resident is violating the rules of the Division of Industrial Compliance or the park; or the resident has been "absent from the manufactured home park for a period of thirty consecutive days" with the home left unoccupied, without notice or rent.

For rule violations, §4781.45 requires a written notice that includes "a statement that the rental agreement will terminate upon a date specified in the written notice not less than thirty days after receipt of the notice unless the resident remedies the violation," and provides that if the resident remedies the condition "whether by repair, the payment of damages, or otherwise, the rental agreement shall not terminate." A second material violation within six months can terminate the agreement immediately, subject to defenses (the rule is unreasonable, it isn't enforced against other residents, or the violations were not willful or in bad faith).

Section 4781.49(A) bars self-help: a park operator shall not initiate "any act, including termination of utilities or services, exclusion from the premises, or threat of any unlawful act," to recover possession "other than as provided in Chapters 1923., 4781., and 5303. of the Revised Code." And §1923.04 requires the park to "notify the adverse party to leave the premises ... three or more days before beginning the action," by certified mail or personal or posted delivery.

How it works in general

An Ohio park can't simply order a resident out. It must have one of the statutory grounds (nonpayment, a holdover, a resident-caused code violation, a rule violation, or a 30-day abandonment), and for a rule violation it must first give a 30-day written notice with a chance to cure — fixing the problem stops the termination. The park then serves a 3-day notice to leave and files a forcible-entry-and-detainer (eviction) case in municipal or county court; only a court can order the resident out. Shutting off utilities, changing locks, or seizing belongings to force a resident out is illegal and exposes the park to damages. A resident may also raise the park's retaliation as a defense (§4781.36).

Common scenarios

General examples Ohio park residents commonly encounter:

• A park files to evict for a rule violation. It must first give 30 days' written notice with a chance to cure; curing stops termination (§4781.45).
• A park threatens to cut the water or change the locks. That's barred self-help; the park must go to court (§4781.49).
• A nonpayment notice arrives. The park must serve a 3-day notice to leave before filing (§1923.04), and the case is decided by a court.

Other authorities that may apply

The eviction process runs through Chapter 1923 (forcible entry and detainer); the park-law protections — limited grounds, the 30-day cure, and the ban on self-help — are in §§4781.37, 4781.45, and 4781.49. Anti-retaliation is in §4781.36. Federal protections such as the Fair Housing Act and the Servicemembers Civil Relief Act can also apply.