Contents on This Page:
3733.10 Obligations of park operator.
3733.101 Obligations of resident.
3733.12 Effect of operator's noncompliance with rental agreement or statutes.
3733.13 Notification of violation of rules to resident.
3733.19 Information to be contained in rental agreement.
3733.10 Obligations of park operator.
(A) A park operator who is a party to a rental agreement shall:
(1) Comply with the requirements of all applicable building, housing, health, and safety
codes which materially affect health and safety and rules of the public health
council;
(2) Make all repairs and do whatever is reasonably necessary to put and keep the
premises in a fit and habitable condition;
(3) Keep all common areas of the premises in a safe and sanitary condition;
(4) Maintain in good and safe working order and condition all electrical and plumbing
fixtures and appliances, and septic systems, sanitary and storm sewers, refuse
receptacles, and well and water systems that are supplied or required to be
supplied by him;
(5) Not abuse the right of access conferred by division (B) of section 3733.101 of the
Revised Code;
(6) Except in the case of emergency or if it is impracticable to do so, give the resident
reasonable notice of his intent to enter onto the residential premises and enter only
at reasonable times. Twenty-four hours notice shall be presumed to be a reasonable
notice in the absence of evidence to the contrary.
(B) If the park operator violates any provision of this section, makes a lawful entry onto
the residential premises in an unreasonable manner, or makes repeated demands
for entry otherwise lawful which demands have the effect of harassing the resident,
the resident may recover actual damages resulting from the violation, entry, or
demands and injunctive relief to prevent the recurrence of the conduct, and if he
obtains a judgment, reasonable attorneys’ fees, or terminate the rental agreement.
3733.101 Obligations of resident.
(A) A resident who is a party to a rental agreement shall:
(1) Keep that part of the premises that the resident occupies and uses safe and
sanitary;
(2) Dispose of all rubbish, garbage, and other waste in a clean, safe, and sanitary
manner;
(3) Comply with the requirements imposed on residents by all applicable state and
local housing, health, and safety codes, rules of the public health council, and rules
of the manufactured home park;
(4) Personally refrain, and forbid any other person who is on the premises with the
resident’s permission, from intentionally or negligently destroying, defacing,
damaging, or removing any fixture, appliance, or other part of the residential
premises;
(5) Conduct self and require other persons on the premises with the resident’s consent
to conduct themselves in a manner that will not disturb the resident’s neighbors’
peaceful enjoyment of the manufactured home park.
(B) The resident shall not unreasonably withhold consent for the park operator to enter
the home to inspect utility connections, or enter onto the premises in order to
inspect the premises, make ordinary, necessary, or agreed repairs, decorations,
alterations, or improvements, deliver parcels which are too large for the resident’s
mail facilities, or supply necessary or agreed services.
(C) If the resident violates any provision of this section, the park operator may recover
any actual damages which result from the violation and reasonable attorneys’ fees.
This remedy is in addition to any right of the park operator to terminate the rental
agreement, to maintain an action for the possession of the premises, or injunctive
relief to compel access under division (B) of this section.
(A)(1) The park operator shall offer each home owner a written rental agreement for a
manufactured home park lot for a term of one year or more that contains terms
essentially the same as any alternative month-to-month rental agreement offered
to current and prospective tenants and owners. The park operator shall offer the
minimum one-year rental agreement to the owner prior to installation of the home
in the manufactured home park or, if the home is in the manufactured home park,
prior to the expiration of the owner’s existing rental agreement.
(2) The park operator shall deliver the offer to the owner by certified mail, return receipt
requested, or in person. If the park operator delivers the offer to the owner in
person, the owner shall complete a return showing receipt of the offer. If the owner
does not accept the offer, the park operator is discharged from any obligation to
make any further such offers. If the owner accepts the offer, the park operator
shall, at the expiration of each successive rental agreement, offer the owner
another rental agreement, for a term that is mutually agreed upon, and that
contains terms essentially the same as the alternative month-to-month agreement.
No operator shall deliver subsequent rental offers by ordinary mail or personal
delivery. If the park operator sells the manufactured home park to another
manufactured home park operator, the purchaser is bound by the rental
agreements entered into by the purchaser’s predecessor.
(3) If the park operator sells the manufactured home park for a use other than as a
manufactured home park, the park operator shall give each tenant and owner a
written notification by certified mail, return receipt requested, or by handing it to the
tenant or owner in person. If the park operator delivers the notification in person,
the recipient shall complete a return showing receipt of the notification. This
notification shall contain notice of the sale of the manufactured home park, and
notice of the date by which the tenant or owner shall vacate. The date by which
the tenant shall vacate shall be at least one hundred twenty days after receipt of
the written notification, and the date by which the owner shall vacate shall be at
least one hundred eighty days after receipt of the written notification.
(B)A park operator shall fully disclose in writing all fees, charges, assessments,
including rental fees, and rules prior to a tenant or owner executing a rental
agreement and assuming occupancy in the manufactured home park. No fees,
charges, assessments, or rental fees so disclosed may be increased nor rules
changed by a park operator without specifying the date of implementation of the
changed fees, charges, assessments, rental fees, or rules, which date shall be not
less than thirty days after written notice of the change and its effective date to all
tenants or owners in the manufactured home park, and no fee, charge,
assessment, or rental fee shall be increased during the term of any tenant’s or
owner’s rental agreement. 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. If a tenant or owner refuses to pay
any undisclosed fees, charges, or assessments, the refusal shall not be used by
the park operator as a cause for eviction in any court.
(C)A park operator shall promulgate rules governing the rental or occupancy of a lot in
the manufactured home park. The rules shall not be unreasonable, arbitrary, or
capricious. A copy of the rules and any amendments to them shall be delivered by
the park operator to the tenant or owner prior to signing the rental agreement. A
copy of the rules and any amendments to them shall be posted in a conspicuous
place upon the manufactured home park grounds.
(D)No park operator shall require an owner to purchase from the park operator any
personal property. The park operator may determine by rule the style or quality of
skirting, equipment for tying down homes, manufactured or mobile home
accessories, or other equipment to be purchased by an owner from a vendor of the
owner’s choosing, provided that the equipment is readily available to the owner.
Any such equipment shall be installed in accordance with the manufactured home
park rules.
(E)No park operator shall charge any owner who chooses to install an electric or gas
appliance in a home an additional fee solely on the basis of the installation, unless
the installation is performed by the park operator at the request of the owner, nor
shall the park operator restrict the installation, service, or maintenance of the
appliance, restrict the ingress or egress of repairpersons to the manufactured
home park for the purpose of installation, service, or maintenance of the appliance,
nor restrict the making of any interior improvement in a home, if the installation or
improvement is in compliance with applicable building codes and other provisions
of law and if adequate utility services are available for the installation or
improvement.
(F)No park operator shall require a tenant to lease or an owner to purchase a
manufactured or mobile home from the park operator or any specific person as a
condition of or prerequisite to entering into a rental agreement.
(G)No park operator shall require an owner to use the services of the park operator or
any other specific person for installation of the manufactured or mobile home on
the residential premises or for the performance of any service.
(H)No park operator shall:
(1) Deny any owner the right to sell the owner’s manufactured home within the
manufactured home park if the owner gives the park operator ten days’ notice of
the intention to sell the home;
(2)Require the owner to remove the home from the manufactured home park solely on
the basis of the sale of the home;
(3)Unreasonably refuse to enter into a rental agreement with a purchaser of a home
located within the operator’s manufactured home park;
(4)Charge any tenant or owner any fee, charge, or assessment, including a rental fee,
that is not set forth in the rental agreement or, if the rental agreement is oral, is not
set forth in a written disclosure given to the tenant or owner prior to the tenant or
owner entering into a rental agreement;
(5)Charge any owner any fee, charge, or assessment 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 that are incurred by
the park operator in moving the home out of or into the manufactured home park,
or in installing the home in the manufactured home park and that have not been
reimbursed by another tenant or owner.
(I) If the park operator violates any provision of divisions (A) to (H) of this section,
the tenant or owner may recover actual damages resulting from the violation, and,
if the tenant or owner obtains a judgment, reasonable attorneys’ fees, or terminate
the rental agreement.
(J)No rental agreement shall require a tenant or owner to sell, lease, or sublet the
tenant’s or owner’s interest in the rental agreement or the manufactured or mobile
home that is or will be located on the lot that is the subject of the rental agreement
to any specific person or through any specific person as the person’s agent.
(K)No park operator shall enter into a rental agreement with the owner of a
manufactured or mobile home for the use of residential premises, if the rental
agreement requires the owner of the home, as a condition to the owner’s renting,
occupying, or remaining on the residential premises, to pay the park operator or
any other person specified in the rental agreement a fee or any sum of money
based on the sale of the home, unless the owner of the home uses the park
operator or other person as the owner’s agent in the sale of the home.
(L)A park operator and a tenant or owner may include in a rental agreement any
terms and conditions, including any term relating to rent, the duration of an
agreement, and any other provisions governing the rights and obligations of the
parties that are not inconsistent with or prohibited by sections 3733.09 to 3733.20
of the Revised Code or any other rule of law.
(M)Notwithstanding any other provision of the Revised Code, the owner of a
manufactured or mobile home that was previously titled by a dealer may utilize the
services of a manufactured home dealer licensed under Chapter 4517. of the
Revised Code or a person properly licensed under Chapter 4735. of the Revised
Code to sell or lease the home.
3733.12 Effect of operator's noncompliance with rental agreement or statutes.
(A)If a park operator fails to fulfill any obligation imposed upon him by section 3733.10
of the Revised Code or by the rental agreement, or the conditions of the premises
are such that the resident reasonably believes that a park operator has failed to
fulfill any such obligations, or a governmental agency has found that the premises
are not in compliance with building, housing, health, or safety codes which apply to
any condition of the residential premises that could materially affect the health and
safety of an occupant, the resident may give notice in writing to the park operator
specifying the acts, omissions, or code violations that constitute noncompliance
with such provisions. The notice shall be sent to the person or place where rent is
normally paid.
(B)If a park operator receives the notice described in division (A) of this section and
after receipt of the notice fails to remedy the condition within a reasonable time,
considering the severity of the condition and the time necessary to remedy such
condition, or within thirty days, whichever is sooner, and if the resident is current in
rent payments due under the rental agreement, the resident may do one of the
following:
(1) Deposit all rent that is due and thereafter becomes due the park operator with the
clerk of court of the municipal or county court having jurisdiction in the territory in which the residential premises are located;
(2) Apply to the court for an order directing the park operator to remedy the
condition. As part thereof, the resident may deposit rent pursuant to division (B)(1) of this section, and may apply for an order reducing the periodic rent due the park operator until such time as the park operator does remedy the condition, and may apply for an order to use the rent deposited to remedy the condition. In any order issued pursuant to this division, the court may require the resident to deposit rent with the clerk of court as provided in division (B)(1) of this section.
3733.13 Notification of violation of rules to resident.
If a resident commits a material violation of the rules of the manufactured home park, of the public health council, or of applicable state and local health and safety codes, the park operator may deliver a written notification of the violation to the resident. The notification shall contain all of the following:
(A) A description of the violation;
(B) 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;
(A) A statement that the violation was material and that if a second material violation of any park or public health council rule, or any health and safety code, occurs within six months after the date of this notice, the rental agreement will terminate immediately;
(D) A statement that a defense available to termination of the rental agreement for two material violations of park or public health council rules, or of health and safety codes, is that the park rule is unreasonable, or that the park or public health council rule, or health or safety code, is not being enforced against other manufactured home park residents, or that the two violations were not willful and not committed in bad faith.If the resident remedies the condition described in the notice, whether by repair, the payment of damages, or otherwise the rental agreement shall not terminate. The park operator may terminate the rental agreement immediately if the resident commits a second material violation of the park or public health council rules, or of applicable state and local health and safety codes, subject to the defense that the park rule is unreasonable, that the park or public health council rule, or health or safety code, is not being enforced against other manufactured home park residents, or that the two violations were not willful and not committed in bad faith.
3733.19 Information to be contained in rental agreement.
(A) Every written rental agreement for residential premises shall contain the name and address of the owner of the residential premises and the name and address of the owner’s agent, if any. If the owner or the owner’s agent is a corporation, partnership, limited partnership, association, trust, or other entity, the address shall be the principal place of business in the county in which the residential premises are situated or if there is no place of business in such county then its principal place of business in this state, and shall include the name of the person in charge thereof.
(B) If the rental agreement is oral, the park operator, at the commencement of the term of occupancy, shall deliver to the resident a written notice containing the information required in division (A) of this section.
(C) If the park operator fails to provide the notice of the name and address of the owner and owner’s agent, if any, as required under division (A) or (B) of this section, the notices to the park operator required under division (A) of sections 3733.12 and 3733.121 of the Revised Code are waived by the park operator and the operator’s agent.
(D) Every written rental agreement for residential premises shall contain the following notice in ten-point boldface type:
“YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK OPERATOR’S RIGHTS ARE PROTECTED BY SECTIONS 3733.09 TO 3733.20 OF THE REVISED CODE, WHICH REGULATE RENTAL AGREEMENTS IN MANUFACTURED HOME PARKS.”
If the rental agreement is oral, the park operator, at the commencement of the term of occupancy, shall deliver the notice to the resident in writing.
WeCopyright 2008-2011. amhro. All rights reserved.