Contents
on this Page
How to Do We Increase Attendance to Our
Meetings?
Things You Can Do Before Renting in a
Manufactured Home Community
Read This! Leases/Rental Agreement
What to Watch for in Leases
Terminating a Rental Agreement
Rent Increases and Late Charges
Rent Deposit (Escrow) Requirements
Eviction Information
Eviction Process
Getting Repairs
Do You Own Your Home?
Ohio Law: What the Operator Must/Cannot Do
What the Resident Must Do
Relationships
When You Want to Move Out
Who Can Help?
How Do We Get People to Attend Our Resident
Association Meetings?
This is
a question we are often asked. It seems that many communities the resident
association takes on little meaning or generates only minimal interest from the
folks. Here are some things that every association can do to increase
attendance at their meetings:
1.)
Hold
your meetings at a convenient time and place. Hold the meetings on the same day
each month. This way folks can plan their schedules ahead of time.
2.)
Make
the meetings fun. Serve refreshments. Hold a raffle. Give door prizes.
Invite speakers. Use a flyer to
formally invite everyone in the community. People are more likely to come if
they know the meeting will be interesting and that they are needed.
3.)
Plan
an agenda and, if possible, distribute it with the flyer announcing the
meeting.
4.)
Keep
the tone of meeting focused and upbeat. Don’t foster controversy. Consider
establishing
a telephone bank to remind people of the meeting a few days before it is
scheduled..
5.)
Keep
your membership dues reasonable. Most associations charge from $5 -$15 per year
for membership. The amount collected is used to offset postage, office supply
and other costs.
6.)
Give
as many as possible something to do following the meeting: even if that something
is only telling those who did not come how interesting it was and why they are
needed at the next one.
7.)
Plan
activities as fundraisers. Things like bake sales, recycling drives, raffles, outings
and barbeques are popular choices.
Things You Can Do Before Renting in a
Manufactured Home Community
1.)
Check
with the local health department for the record of the annual inspection of the
facilities.
2.)
Talk
to other residents about the community. Ask for a copy of the lease and their
Rules and Regulations to review before agreeing to rent in the community.
3.)
Ask
questions about everything.
Leases/Rental Agreements - - - Ohio Law Calls
a Lease a Rental
Oral agreements are not recommended!
Operators
are required to offer written leases to every owner before they move into the
community. At the present time, there is
no requirement for written leases for tenants.
All rules and fees must be disclosed in
writing and cannot be changed without thirty days’ notice. (A new lease may contain changes).
You are only required to acknowledge the
rules and fees that are in writing. Every lease should contain the following:
1.)
A
description of the property.
2.)
The
rent, fees and charges, any late payment of rent charges.
3.)
Duration
of the lease.
4.)
Rules
of the community.
5.)
Notice
requirements to terminate the lease
What to Watch for in Leases and Rules
1.)
Length
of the lease (owners must be offered an annual lease prior to moving in and a
new lease when one expires).
2.)
A
clause that places the blame on you for any dispute with the operator or
releases the operator from responsibility for injuries to you or your guests.
3.)
A
provision in which you give up your right to a trial.
4.)
An
agreement to pay the operator’s legal fees.
5.)
Anything
that permits the operator to take unfair advantage of you, such as requiring
that he/she automatically keeps your security deposit.
6.)
A
provision that allows the operator to seize your personal property for
non-payment of rent.
7.)
Provisions
that allow the operator to cut off your utilities, padlock the home, or raise
your rent if you complain to a government agency about the community, the
operator, or if you try organizing a residents' association.
8.)
Provision
that forces the tenant to continue to pay rent on a home that is destroyed by
fire, tornado or other disaster.
9.)
Be
sure you understand the Lease and the Rules.
WARNING: Even though these unlawful clauses may not be
legally binding, you may be forced to go to court to protect your rights. It is better to try to remove them before you
sign a lease.
Terminating a Rental Agreement
Either a landlord or tenant may terminate a
month-to-month agreement by giving a full 30 days’ notice to the other party.
The 30 days begin on the next rental due date and runs with the rental period.
A
written rental agreement (lease) normally specifies the method of termination
or renewal. If termination or renewal is not specified, then the agreement ends
on the date in the agreement.
A landlord may give a tenant a notice that the
tenant is not complying with a requirement imposed on the tenant by the Ohio
Landlord-Tenant Law which materially affects health and safety and advising the
tenant that the rental agreement will end in 30 days. If the tenant corrects
the condition, then the rental agreement will be terminated.
A tenant may give a landlord a notice to
comply with a duty imposed by the Ohio Landlord-Tenant law which materially
affects the health and safety and requesting correction within 30 days. If the
landlord fails to correct the condition, then the tenant may end the rental
agreement.
If a tenant breaks a lease by moving when the
lease is up, or if a tenant has had a lease terminated because the tenant is in
violation of the law, the tenant may be held liable under the agreement until
the unit is rented again.
Rent Increases and Late Charges
Under a
month-to-month agreement, the landlord must give 30 days notice before
increasing the rent. In the case of a written lease, the landlord may not
Increase the rent during the term of the lease. There is no rent control in
Ohio.
Because the Ohio Landlord Tenant Law does not
cover late charges, late charges may be included in a rental agreement, but
they may not be “unconscionable” (unfair). Recent court decisions suggest that
late fees should be reasonably related to the actual damages that a landlord
suffers because of late payment of rent.
Rent Deposit (Escrow) Requirements
The
tenant must be current in his/her rent before depositing rent with the Clerk of
Courts. The tenant may not deposit rent in “bad faith” or for a condition which
the tenant caused. The tenant may not just hold onto the rent.
Rent
deposits must be made on or before the normal rent due date. Tenants should
check with their local Clerk of Courts to find the exact procedures used in their
court.
If a tenant receives a written notice from the
landlord at the beginning of the tenancy which states that the landlord owns 3
or fewer units, then the tenant is barred from taking legal action under the
Ohio Landlord Tenant Law.
If the
landlord fails to disclose his/her name and address and the name and address of
his/her agents, then the landlord gives up right to a notice before the tenant
takes legal action.
Evictions
A
landlord may bring an eviction action against a tenant when the tenant has: 1).
Failed to pay rent on time. 2). Occupied the unit after the termination or
expiration of the rental agreement.
To bring an eviction action, the landlord
must first serve a 3-day notice to vacate the premises in person, by mail or at
the premises. If the tenant does not move within the 3-day period, then the
landlord must file an action (Forcible Entry and Detainer) at the court in the
city where the property is located. The court will schedule a hearing and the
tenant will receive a summons and complaint at least 10 days before the
hearing.
At the hearing, the landlord and tenant will
present evidence in support and defense of the eviction action. A tenant may
raise the issue of bad conditions as a defense or a counterclaim at the
eviction hearing. If an eviction is ordered, the landlord will make
arrangements with the court to have the tenant’s belongings removed from the
unit if the tenant does not move.
Local
procedures may vary. Check with your municipal court or an attorney.
Eviction: Second Cause of Action
At the time of
eviction, the landlord may also file a “second cause of action” to recover
money damages. The tenant may answer the claim for money within 28 days of
receiving the complaint in the mail. If the tenant fails to answer the
complaint, the court may issue a default judgment in the landlord’s favor
without holding a hearing. A default judgment will stop the tenant from later
objecting to a landlord’s claim.
Eviction Process
The most common reason for the filing of an
eviction is for non-payment of rent. That constitutes about 90%. The other 10%
includes illegal drugs, illegal occupants, and numerous lease violations; i.e.
trash issues, disturbing the quiet enjoyment, not cleaning up after pets,
destruction of property, working on vehicles, etc.
Here are the steps that are taken. The first
step is to give the resident a notice to vacate, which is a 3 day notice. It states that the resident has 3 days to
vacate the premises or legal action will be taken.
If the resident comes to the office and is
willing to discuss the issues at hand, they may try to work out a payment
arrangement that has specific dates and amounts that are to be paid. This
payment plan MUST be kept. If not, the next step is to file with the courts
without any further communication with the resident.
All paperwork is forwarded to the attorney.
This includes supporting documents, such as the lease, the application and the
resident ledger along with any warnings to the resident they may have had which
would contribute to the filing.
The attorney takes the paperwork to the court
and a date established for the resident to appear. Then a bailiff from the
court or a sheriff’s deputy posts the notice on the resident’s door. Some people show up in court but most do not.
At the hearing the judge asks if the
resident is past due on rent. If those representing the community owner respond
by answering “Yes,” he awards the judgment to them. He then establishes a date
when the resident is to vacate the premises. On that date if they are still
residing in their unit, the bailiff of the court is contacted. A time is set
with him to come to the address in question. If he arrives and confirms that
the residents are there or not, he will stay until any and all belongings of
that resident are removed from the address. All personal items are placed in
bags and set out on the curb.
The locks are changed and then the fun
begins. In the case where the resident is not present but his possessions are,
they are removed and set on the curb. They are free for the taking. An entire
apartment of belongings can be gone within 30 minutes of the departure of the
bailiff and maintenance staff.
The price of an eviction is very high. The
resident pays all court costs. The eviction, once filed, becomes public record.
Therefore, an eviction may cause problems for the resident to rent elsewhere,
purchase a vehicle, obtain credit, etc.
It only makes common sense that an eviction
from a home should be avoided at all costs.
Getting Repairs
If the landlord does not do the following: 1).
Meet the duties imposed by the Landlord Tenant Law. 2). The local housing
codes. 3). The rental agreement. 4). Conditions which materially affect the
health and safety issues, then a tenant may give the landlord a written notice
to correct the condition.
This
notice must be in writing and delivered to the person or at the place where the
tenant normally pays rent. The tenant should keep a copy of this notice.
If the landlord fails to correct the condition
within a reasonable amount of time, not to exceed 30 days, then the tenant may
do the following: Deposit his/her rent with the Clerk of Courts. 2). May apply
to the court for an order to complete the repairs. 3). May terminate the rental
agreement.
Do you own your home?
If you
own the home located in a Manufactured Home Community you are not covered under the Ohio landlord/tenant law.
What the Law Says an Operator Must Do
Whether you have a written lease or not, the
operator has legal obligations that he/she must perform. For example, the operator must:
Comply with all building, housing and health
codes that significantly affect health
and safety.
Manufactured home communities have health
requirements concerning all of the
facilities in the community. A list may be obtained from your local
health department.
Make all repairs to the community and keep
it habitable.
Keep the community areas not related to the
individual homes sanitary and safe.
Give the residents at least 24 hours advance
notice before entering the home lot.
The law only requires that you let them come
in to inspect utility connections.
What the Law Says an Operator Cannot Do
Even if you are behind in paying rent, there
are several things operators are not allowed to do under the law.
An operator cannot do anything to prevent
you from taking lawful steps to get your home repaired. The operator may not increase rent, decrease
services, evict, or even threaten to evict you because you complained about
needed repairs, had your home inspected by your local government housing
inspector, or participated in a residents' association.
An operator is not permitted to shut off any
utilities, change the locks, or threaten any of these acts in order to make you
move out of your home or community.
An operator cannot harass you by demanding
over and over to enter your home or by entering at unreasonable times of the
day.
An operator is not permitted to move your
home out or remove any of your property from the home without a court order
signed by a judge.
An operator is not permitted to keep your
belongings in order to try to force you to pay rent.
WARNING: If the operator does any of these things,
consult an attorney immediately or contact your local Legal Aid office!
What
the Law Says a Resident Must Do
If you
do not pay your rent on time, the operator can refuse to accept your rent and
evict you.
If you must pay with cash, make sure you
obtain a receipt. Do not agree to have a
receipt sent to you by mail. If the
operator does not give receipts, create one and ask your operator to sign it.
If you pay by check or money order, keep
your cancelled check or money order receipt to prove you paid the rent.
WARNING: Pay your rent on time. If you do not, you risk being evicted.
What the Law Says a Resident Must Do
Besides
paying the rent on time, you have other legal obligations as a resident. In
general, you must avoid damaging the home or property of the community.
Specifically, you must do the following:
1.)
Keep
your home or lot safe and sanitary.
2.)
Dispose
of trash and garbage properly.
Keep all the appliances that the operator provides,
in good working order.
Keep the electrical and plumbing fixtures
clean and use them properly.
Do not
damage the home or lot or permit your guests to do so.
Do not
disturb other residents.
Make
certain that you, your family or guests, do not violate State or Federal drug
laws.
Your Relationship with Your Operator
By agreeing to rent your operator’s
property, you are entering into a business relationship -- not a
friendship. You should:
Treat your operator politely, respectfully.
Do not argue.
If something breaks, tell your operator
right away.
Write everything down and keep all receipts,
including security deposits and any other payments. Avoid paying in cash.
Get all agreements in writing.
When You Want to Move Out
When you own your own home and want to move
it out, you have the right to do so. You must notify the operator and give
him/her at least 30 days’ notice. If you have a lease it will tell you what the
terms are for leaving. You may have penalty provisions identified in your
lease.
There may be rules that must be observed
regarding who and how the home is moved
by a truck. There may be charges for the actual costs the community incurs
and/or for damages that were done in moving. If you decide to sell your home
you must give the operator at least 10 days’ notice. You may use a realtor,
yourself or the operator to do so. You only are required to pay the person
selling your home.
If you have a lease, you can stay until the
lease expires. If you leave before the lease expires, you may have to pay some
or all of the rent specified in the lease.
Warning.
The lease may automatically be renewed. You must give 7 ays’ notice if you pay
rent once a week or 30 days’ notice if you pay monthly. Without proper notice
the operator may keep part of your security deposit.
If
things get anywhere beyond this, it is best to get legal help.
Who Can Help?
a. Local Legal Aide Office 1-886/529-6446
They can give you advice and possibly
represent you in court. If you have a low
income, you may qualify for free legal
assistance.
Ohio State Legal Services Association, 555
Buttles Avenue, Columbus, Ohio
43215-1137
phone 614/221-7201 or
800/589-5888
b. Lawyers
Usually you will not need a lawyer unless
you go to court. If you need one, call your
county bar association. They can refer you
to an attorney.
c. Social
Service Agencies
The Local Urban League or Salvation Army
may be able to advise you about your
rights and answer questions about your
problems with the operator.
d. Prevention,
Retention & Contingency
Your county welfare department may be able
to help you stay in your home or help
you move into a new home. Talk with your
case worker or to an attorney.
e. Building
Inspector or Health Department
As a tenant, you can call your town or
county health department (if you cannot find
their number, call 614/466-1390) to inspect
your home whenever you think repairs
should be made. An inspection report could
be good evidence to represent in court—
even better if the inspector comes to court
with you.
This
information from the book “Your Rights and Responsibilities as a Mobile Home
Park Resident” printed by Ohio State Legal Services Association.
Question:
If you
are looking for state laws regarding manufactured housing, where do you go?
Answer: The Ohio Revised Code for manufactured home parks can be found by going
to the Ohio Revised Code page on this web site or to
www.codes.ohio.gov/orc/4781