Ohio Code 4781.37 – Action for possession of the premises
(A) Notwithstanding section 4781.36 of the Revised Code, a park operator may bring an action under Chapter 1923 of the Revised Code for possession of the premises if any of the following applies:
Terms Used In Ohio Code 4781.37
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Manufactured home park: means any tract of land upon which three or more manufactured or mobile homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of the park. See Ohio Code 4781.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Rental agreement: means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of residential premises by one of the parties. See Ohio Code 4781.01
- Resident: includes both tenants and owners. See Ohio Code 4781.01
(1) The resident is in default in the payment of rent.
(2) The violation of the applicable building, housing, health, or safety code that the resident complained of was primarily caused by any act or lack of reasonable care by the resident, by any other person in the resident’s household, or by anyone on the premises with the consent of the resident.
(3) The resident is holding over the resident’s term.
(4) The resident is in violation of rules of the division of industrial compliance adopted pursuant to section 4781.26 of the Revised Code or rules of the manufactured home park adopted pursuant to the rules of the division.
(5) The resident has been absent from the manufactured home park for a period of thirty consecutive days prior to the commencement of the action, and the resident’s manufactured home, mobile home, or recreational vehicle parked in the manufactured home park has been left unoccupied for that thirty-day period, without notice to the park operator and without payment of rent due under the rental agreement.
(B) The maintenance of an action by the park operator under this section does not prevent the resident from recovering damages for any violation by the park operator of the rental agreement or of section 4781.38 of the Revised Code.