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-day
period without payment of rent.
- Obtain an Eviction Judgment. If persons no longer
reside in the home, file a complaint in FED as an
Abandoned Home complaint.
- Once FED judgment is obtained, post 14 day Notice to
Remove home. This notice is delivered 1) By ordinary
mail to last known address or 2) personal delivery.
- Once 14 days has elapsed, Park Operator needs to
conduct a title search to determine if any lien holders
appear on the title.
- Once title search is completed, Park Operator needs
to certify in an affidavit that the title search has
been performed and that the home’s value is less that
- File a Writ of Execution with as attachments, the
Affidavit of the Park Operator, the 14-day Notice, the
names of any lien holders.
- The Bailiff, upon receipt of request for Writ of
Execution, may present writ to the Clerk of Courts 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 30 consecutive days, and
- Tenant/Resident’s manufactured home has been left
unoccupied for that 30 day period without notice to
park operator, and
- Tenant’s home has been left unoccupied for that
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; date of hearing must be included in
Upon hearing and proof, judgment of eviction is
entered. If resident has abandoned, 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
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
Where the owner does not voluntarily remove the home
- If the resident or estate has abandoned or
otherwise left the home unoccupied for 3 days after
the entry of judgment of eviction,
- Park operator to serve written notice to remove
the home from the park within 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
lien holders, and obtain name(s) and last known
addresses R.C. 1923.12(C)
After the expiration of the 17-day period (3 days
after judgment plus 14 days after service on notice):
R.C. 1923.12(C), 1923.13
- Park operator applies for writ of execution
- Park operator certifies in Affidavit results of
the title search, with names/addresses of all those
having an interest in the home
- Park operator certifies 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 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 60 days
the Bailiff shall conduct a sale and shall serve notice
to all persons listed on the writ 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 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 value less than $3,000, Bailiff to give notice to
all listed persons of potential destruction, sale or
transfer (R.C. 1923.14(B)(4).