If you live in manufactured housing (a mobile home), the "foreclosure" process is different for your home.  The process by which a bank repossess your home is called replevin.  Click here to see a flow chart and timetable explaining the replevin process.

Mobile Home Terms

What is the difference between a mobile home tenant and a mobile home owner?

You are a “tenant” if you rent a mobile home from the park operator.  You are an “owner” if you own the mobile home and you are only renting a lot in the park.  Both tenants and owners are called “residents.” 

What is a manufactured home park?

This is the name that the Ohio General Assembly uses to call the mobile home park.  Don’t worry, it’s just another name for mobile home parks.  The important thing is that for there to be a mobile home park or manufactured home park, there must be three or more mobile homes on the same piece of land. 

What is the difference between a lease and a rental agreement?

Basically none.  Ohio law calls leases “rental agreements.” 

What is a “park operator”?

A “park operator” is a legal term for landlord. 

Mobile Home Evictions

When can my park operator evict me?

If you have a written lease for a fixed period of time (like a year-long lease) your park operator can only evict you if you do not pay rent or if you do not perform one of your duties in the lease or under the law.  On the other hand, if you are a month-to-month tenant, your park operator can end your tenancy with 30 days’ notice with only a few limitations.

What is a “notice of resident’s violation”?

This is a notice sent by the park operator that claims that you committed a “material violation” of the rules of the mobile home park or state health and safety codes.  The notice asks you to leave the park. 

These notices must contain: (1) a description of the violation, (2) a statement that the rental agreement will end no sooner than 30 days after you receive the notice if you do not correct the problem (if it is the first violation in six months) or that it will terminate immediately (if it is the second violation in six months), (3) a statement that the violation was material, and (4) a statement that you may defend against the park operator by challenging the rule as being unreasonable, arbitrarily enforced, or that the violations were not willful and not committed in bad faith.

Am I required to leave because I receive a notice to leave?

No!  This is only something that your park operator has given you.  The park operator cannot force you to move unless he or she files a court eviction lawsuit and gets a court order of eviction.  You do not have to move until a court orders you to do so. 

What if the violation was not my fault?

You should contact the park operator or the local health department to investigate and correct the problem.  If you receive a notice to leave and the violation was not your fault, it is important to take action if you want to stay in the park.  If you lose the eviction case in court, your home will be removed from the park and it will be expensive to find a new park for your home.  It is best to avoid court if at all possible. 

What is a “Forcible Entry and Detainer Action”?

This is another name for an eviction.  You will receive a summons from a sheriff, certified mail, posting at your home, or some other way.  The summons will give you a date when you need to be in court as well as a “complaint.”  This should explain why the park operator is attempting to evict you.  These documents will come more than three days after the Notice to Leave the Premises was given to you.  When you receive these papers, the court action has officially started. 

A hearing will be scheduled for you in the county or municipal court at least a week after you receive the papers.  The date, time, and location will be given on the summons.  When you receive these, get these to your attorney as soon as possible. If you do not have an attorney, you can get help by calling your local legal aid office.  Call 1-866-LAW-OHIO (1-866-529-6466) to be connected to your local legal aid office.  Your county bar association can refer you to a lawyer as well.  You can also get help from a Residents’ Union, a Social Service Agency (such as the local Urban League or Salvation Army), or PRC (Prevention, Retention, and Contingency). 

Do I have a right to a jury trial?

Yes, but it might not be a good idea.  You may request a jury, but you should remember that juries cost money and if the jury does not believe you, you will have to pay for the cost.  Don’t request one unless you think they will find for you.

Should I fight the eviction or would it just be easier to move?

It depends.  But one thing you should try to do is work out the problem with your park operator without going to court.  If you get evicted, it will make it harder to find housing in the future. 

If you received the notice because something needed to be repaired, get it fixed as soon as possible if you want to stay.  Talk to your park operator about the repairs.  He or she may let you stay. 

If you received the notice because you are behind on rent, try to make a payment plan with your park operator before three days pass.  It is important to do this quickly because if you do not, your park operator might file an eviction action.  Once he or she files the eviction action, the park operator probably will not agree to a payment plan unless you pay his or her court costs and attorney fees, too.  If you want to move, but just need more time, tell your park operator.  You may be able to agree to a move-out date so that the case is not filed and you will not have an eviction on your record. 

If everything that the park operator has said in the complaint is true, you should prepare to move within two or at the most three weeks.  However you may be able to get the park operator to agree to let you stay.  Get an agreement in writing.  This is extremely important.  Otherwise, the operator can accept your back rent and still evict you. 

What happens if I lose?

You only get as long as 10 days (and sometimes fewer than that) to find a new place to move the home.  Within 10 days, the bailiff will come with an order and the park operator may have your home towed to the edge of the road or some other place and leave it for you to remove it to another location.  You will want to ask the court for a full 10 days so that you can get as much time as possible.  

A Note on Abandonment

Is it a problem if I leave my home for a short period of time without paying rent?

Yes!  Ohio has a new law that will allow the sale or transfer of your mobile home, including all personal property, to the park operator if you “abandon” the home. Once an eviction order is issued, you must either move the home or it can be declared abandoned. After 14 days, your home and property may be put up for sale by law enforcement authorities and if it does not sell after two attempts, it will either be transferred to the park operator or destroyed.  So if you are evicted, you need to take your home and property or else it may be sold or given to the park operator.