ABANDONED HOMES (R.C. 1923.02(A)(12))
NEW LEGISLATION PROCEDURES EFF. 4/3/03
- Tenant absent from park for thirty (30) days; and
- Home has been unoccupied for that thirty (30) day period without notice to the park operator; and
- Home has been left unoccupied for that thirty (30) day period without payment of rent.
- Obtain an eviction judgment. If persons no longer reside in the home, file a complaint in FED court as an abandoned home complaint.
- Once FED judgment is obtained, post fourteen (14) day notice to remove home. This notice is delivered either by ordinary mail to the last known address or by personal delivery.
- Once fourteen (14) days has elapsed, the park operator needs to conduct a title search to determine if any lienholders appear on the title.
- Once title search is completed, the park operator needs to certify in an affidavit that the title search has been performed and that the home’s value is less that $3,000.
- File a writ of execution, along with the affidavit of the park operator, the fourteen (14) day notice, and the names of any lien holders.
- The bailiff, upon receipt of request for writ of execution, may present the writ to the Clerk of Court to have title transferred to the community owner, or may sell the home or order its destruction.
When applicable: R.C. 1923.02(A)(12)
- Tenant/resident or estate of deceased resident has been absent from park for thirty (30) consecutive days, and
- Tenant/resident’s manufactured home has been left unoccupied for that thirty (30) day period without notice to park operator, and
- Tenant’s home has been left unoccupied for that thirty (30) day period without payment of rent.
Park operator must serve notice to vacate upon resident. R.C. 1923.04
Park operator must file FED action as an abandoned home complaint if R.C. 1923.02(A)(12) elements apply.
Court may proceed only upon valid service of summons and complaint upon tenant/resident. (Park operator may need to publish and the date of hearing must be included in publication notice.)
Upon hearing and proof, judgment of eviction is entered. If resident has abandoned the home, the park operator shall provide the court with a judgment entry giving authority to the park operator to permit removal of the manufactured home from the park and its potential sale, destruction, or transfer of ownership. R.C. 1923.09(B)
After judgment, the park operator must decide whether the owner will likely remove the home from the park or not.
For voluntary removal, park operator would request the “standard” writ of restitution R.C. 1923.13(A). This writ does not permit the removal of the home from the park.
Where the owner does not voluntarily remove the home after judgment:
- If the resident or estate has abandoned or otherwise left the home unoccupied for three (3) days after the entry of judgment of eviction
- Park operator to serve written notice to remove the home from the park within fourteen (14) days (See R.C. 1923.12(B)) for contents of notice by personal delivery or by ordinary mail to the last known address to the owner and to all persons with an interest in the home R.C. 1923.12(C)
- Park operator to search public records to identify lienholders, and obtain name(s) and last known address(es) R.C. 1923.12(C)
After the expiration of the seventeen (17) day period (three (3) days after judgment plus fourteen (14) days after service on notice): R.C. 1923.12(C), 1923.13
- Park operator applies for writ of execution
- Park operator certifies in an affidavit the results of the title search, with names/addresses of all those having an interest in the home
- Park operator certifies the value of home less than $3,000 (for sale or destruction of home or transfer of title free and clear of all liens)
- Park operator attaches copy of fourteen (14) day notice
Upon receipt of the writ, clerk shall notify, by regular mail, to listed addresses of owner and all persons having an interest, written notice that the home may be sold, destroyed, or have title transferred.
Upon receipt of writ, bailiff, at the bailiff’s option, shall either remove the home and store all personal property or retain the home and all personal property on the lot R.C. 1923.14(B)(2). Within sixty (60) days the bailiff shall conduct a sale and shall serve notice to all persons listed on the writ the notice of date, time and place of sale (time of service of notice not specified). R.C. 1923.14(B)(3)
Upon return of writ after sale, court to direct clerk to enter on journal that the sale was legal, and shall issue title to purchaser of home (1923.14(B)(3)(e); or if no sale, transfer of title pursuant to R.C. 4505.10; or
If the value is less than $3,000, bailiff to give notice to all listed persons of potential destruction, sale or transfer R.C. 1923.14(B)(4)