Mobile home park fees in Ohio

Ohio's manufactured home park law tightly controls fees: everything must be disclosed in writing up front, undisclosed fees can't be collected, charges not in the agreement are barred, and the security deposit has clear rules. The information below describes how the law generally works; anyone disputing a specific charge should consider consulting a licensed attorney in Ohio.

What the statute says

Ohio Rev. Code §4781.40(B) requires a park to "fully disclose in writing all fees, charges, assessments, including rental fees, and rules prior to a tenant or owner executing a rental agreement," and provides that "failure on the part of the park operator to fully disclose all fees, charges, or assessments shall prevent the park operator from collecting the undisclosed fees, charges, or assessments." A resident's refusal to pay an undisclosed fee "shall not be used by the park operator as a cause for eviction in any court."

Section 4781.40 also bars specific charges: a park shall not "charge any tenant or owner any fee, charge, or assessment, including a rental fee, that is not set forth in the rental agreement" (H)(4); shall not charge a fee "because of the transfer of ownership of a home or because a home is moved out of or into the manufactured home park, except a charge for the actual costs and expenses" of the move or installation (H)(5); shall not require an owner "to purchase from the park operator any personal property" (D); and shall not impose a sale-based fee unless the owner uses the operator as the sale agent (K).

For deposits, §4781.50 provides that any deposit "in excess of fifty dollars or one month's periodic rent, whichever is greater," bears 5% annual interest if the resident stays six months or more; that deductions must be itemized "in a written notice delivered to the resident together with the amount due, within thirty days after termination of the rental agreement"; and that a park's failure lets the resident recover the amount due "together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorneys' fees."

How it works in general

An Ohio park has to put every fee and charge in writing before a resident signs — and any fee it failed to disclose simply can't be collected, nor can a resident be evicted for refusing to pay it. The park can't tack on charges that aren't in the rental agreement, can't bill a transfer or move fee beyond its actual costs, and can't take a cut of a home sale unless it acted as the seller's agent. A security deposit larger than $50 or one month's rent earns 5% interest for a long-term resident, and the park must return it with an itemized accounting within 30 days of the tenancy ending — or face double damages and attorneys' fees.

Common scenarios

General examples Ohio park residents commonly encounter:

• A new fee appears that wasn't disclosed before move-in. The park can't collect it, and can't evict for refusing to pay it (§4781.40(B)).
• A park charges a "transfer fee" when a home is sold. Barred beyond the actual costs of the move or installation (§4781.40(H)(5)).
• A deposit isn't returned. The park must itemize deductions and return the balance within 30 days, or owe double the amount withheld plus fees (§4781.50).

Other authorities that may apply

The manufactured home park law (§4781.40) governs fee disclosure and prohibited charges, with actual damages and attorneys' fees for a violation (§4781.40(I)); §4781.50 governs the deposit. The written rental agreement defines the remaining charges within these limits. Federal law can apply in particular situations.