Ohio Rev. Code § 4781 § 4781.43
Applying for release of rent.
Operative Text
(A) A park operator who receives notice that rent due the park operator has been deposited with a clerk of court pursuant to section 4781.41 of the Revised Code, may: (1) Apply to the clerk of court for release of the rent on the ground that the condition contained in the notice given pursuant to division (A) of section 4781.41 of the Revised Code has been remedied. The clerk shall forthwith release the rent, less costs, to the park operator if the resident gives written notice to the clerk that the condition has been remedied. (2) Apply to the court for release of the rent on the grounds that the resident did not comply with the notice requirement of division (A) of section 4781.41 of the Revised Code, or that the resident was not current in rent payments due under the rental agreement at the time the resident initiated rent deposits with the clerk of courts under division (B)(1) of section 4781.41 of the Revised Code; (3) Apply to the court for release of the rent on the grounds that there was no violation of any obligation imposed upon the park operator by section 4781.38 of the Revised Code or by the rental agreement, or by any building, housing, health, or safety code, or that the condition contained in the notice given pursuant to division (A) of section 4781.41 of the Revised Code has been remedied. (B) The resident shall be named as a party to any action filed by the park operator under this section, and shall have the right to file an answer and counterclaim, as in other civil cases. A trial shall be held within sixty days of the date of filing of the park operator's complaint, unless for good cause shown the court grants a continuance. (C) If the court finds that there was no violation of any obligation imposed upon the park operator by section 4781.38 of the Revised Code or by the rental agreement, or by any building, housing, health, or safety code, or that the condition contained in the notice given pursuant to division (A) of section 4781.41 of the Revised Code has been remedied, or that the resident did not comply with the notice requirement of division (A) of section 4781.41 of the Revised Code, or that the resident was not current in rent payments at the time the resident initiated rent deposits with the clerk of court under division (B)(1) of section 4781.41 of the Revised Code, the court shall order the release to the park operator of rent on deposit with the clerk, less costs. (D) If the court finds that the condition contained in the notice given pursuant to division (A) of section 4781.41 of the Revised Code was the result of an act or omission of the resident, or that the resident intentionally acted in bad faith in proceeding under section 4781.41 of the Revised Code, the resident shall be liable for damages caused to the park operator, and for costs, together with reasonable attorneys' fees if the resident intentionally acted in bad faith.
Ohio Rev. Code § 4781.43 establishes a process by which a manufactured home park operator can seek the release of rent that a resident has deposited with a court clerk under the rent-escrow procedure in § 4781.41. The park operator may pursue release through the clerk directly—if the resident confirms in writing that the complained-of condition has been fixed—or through the court on several grounds, including that no actual violation existed, that the condition was remedied, or that the resident failed to follow proper notice procedures or was behind on rent when deposits began. If a court finds in the park operator's favor, it orders the escrowed funds released; conversely, if the court finds the resident acted in bad faith or caused the condition themselves, the resident may owe the park operator damages, costs, and potentially attorney's fees.
Plain English — not legal advice.
Under Ohio Rev. Code § 4781.43, park operators who receive notice of a rent-escrow deposit have multiple avenues to recover those funds. A compliant operator typically documents that any cited condition has been remedied, verifies the resident's compliance with notice requirements under § 4781.41, and confirms the resident was current on rent when deposits began—then applies either to the clerk or the court with that supporting evidence. Operators should be aware that trials on these applications are generally scheduled within sixty days of filing, so maintaining organized records of maintenance actions and communications is a standard practice in these proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ohio Rev. Code § 4781.43 gives residents important procedural rights when a park operator seeks to reclaim escrowed rent: the resident must be named as a party to any court action and has the right to file an answer and a counterclaim, just as in other civil cases. Residents should understand that if a court determines they did not follow the notice requirements of § 4781.41, were behind on rent when they began deposits, or caused the condition themselves, the escrowed funds may be released to the park operator—and bad-faith conduct can result in personal liability for damages and attorney's fees. Tenants facing a § 4781.43 application may wish to gather documentation of the original condition, any communications with the park operator, and proof of rent payment history, and can consult a tenant-rights organization or legal aid office for general information about their options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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