Toledo Skyline

Manufactured Homes


ABANDONED HOMES (R.C. 1923.02(A)(12)
NEW LEGISLATION PROCEDURES EFF. 4/3/03


  1. Tenant absent from park for thirty (30) days; and
  2. Home has been unoccupied for that thirty (30) day period without notice to the park operator; and
  3. Home has been left unoccupied for that thirty-day period without payment of rent.
  4. Obtain an Eviction Judgment. If persons no longer reside in the home, file a complaint in FED as an Abandoned Home complaint.
  5. 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.
  6. Once 14 days has elapsed, Park Operator needs to conduct a title search to determine if any lien holders appear on the title.
  7. 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 $3,000.
  8. File a Writ of Execution with as attachments, the Affidavit of the Park Operator, the 14-day Notice, the names of any lien holders.
  9. 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 publication notice.)


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 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:


R.C. 1923.12(A)


  • 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).