OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 241 Bill Analysis
135th General Assembly
Click here for H.B. 478’s Fiscal Note
Version: As Introduced
Primary Sponsors: Sens. S. Huffman and Brenner
Effective date:
Austin C. Strohacker, Attorney
SUMMARY
 Permits property owners to request the immediate removal of a person unlawfully
occupying residential property when certain conditions are met.
 Expands the definition of criminal mischief to include unlawfully detaining, occupying, or
trespassing upon a residential dwelling and intentionally causing damage to the
dwelling.
 Creates a criminal offense specific to title fraud.
DETAILED ANALYSIS
Removal of unauthorized occupants
Under continuing law, when an unauthorized occupant refuses to leave real property,
the property owner may obtain a writ of execution through a Forcible Entry and Detainer
action. Within ten days after receiving a writ of execution, a sheriff, police officer, constable, or
bailiff must restore the property owner to possession of the premises.1 The bill establishes an
alternative nonjudicial process under which certain property owners and their agents may
request the county sheriff to remove an unauthorized occupant.
Conditions and limitations
In order for the sheriff to remove an unauthorized occupant under the process created
by the bill, all of the following conditions must be met:
 The requester is the record owner of the real property or the owner’s agent;
1 Chapter 1923 of the Revised Code.
May 20, 2024
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 The real property includes a residential premises, and the record owner has the
exclusive right to occupy the premises;
 The unauthorized occupant unlawfully entered the property and remains in the
residential premises;
 The residential premises was not open to the public at the time the unauthorized
occupant entered;
 The record owner directed the unauthorized occupant to leave the residential premises;
 The unauthorized occupant is not a current or former tenant of the residential premises
pursuant to a rental agreement authorized by the record owner (it is not clear whether
current or former tenants of a previous record owner could be removed by a new
record owner following a transfer of the residential premises);
 The unauthorized occupant is not a current or former owner of any interest in the real
property or the residential premises, and is not listed on the title to the real property,
unless the unauthorized occupant has engaged in title fraud;
 The unauthorized occupant is not a member of the record owner’s immediate family –
i.e., a spouse residing in the same household; full- or half-siblings; biological children,
adopted children, or stepchildren; parents; and grandparents;
 There is no pending litigation related to the real property or the residential premises
between the record owner and the unauthorized occupant.2
Complaint
If all of the conditions described above are met, the owner or the owner’s agent may file
a complaint to have the unauthorized occupant removed. The bill provides the form to which
the complaint must substantially adhere. The form consists primarily of sworn affirmations as
to the conditions precedent to removing an unlawful occupant under the new procedure.
However, it also requires certain additional items such as:
 The date the record owner acquired the property;
 A copy of the record owner’s government-issued identification or, if the form is
submitted by the record owner’s agent, documents evidencing the agent’s authority to
act on the record owner’s behalf;
 An acknowledgment that the record owner or agent may be civilly liable for making
false statements in the complaint or wrongfully using the removal process.3
2 R.C. 1923.16(A); R.C. 1349.04(A)(2), not in the bill.
3 R.C. 1923.16(B).
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Notice and removal
Upon receiving a complaint to remove an unauthorized occupant, the sheriff, a police
officer, constable, or bailiff must verify that the complainant is the owner of the property or the
owner’s agent. Once verified, the sheriff or other officer is required to serve notice “without
delay” that the unauthorized occupant must immediately vacate the property. Notice may be
served by hand or posted on the front door of the property. The sheriff or other officer must
also attempt to verify the identities of unauthorized occupants and may arrest them if legally
appropriate.4 The sheriff or other officer is entitled to a $60 service fee, to be paid by the
record owner or agent that made the complaint.5
After delivering notice, the owner or their agent may request that the sheriff or other
officer stand by to keep the peace while the owner or agent removes the unauthorized
occupier’s personal property and changes the locks. The sheriff or other officer may charge the
owner or their agent a reasonable hourly rate to do so. The sheriff or other officer is not liable
to the unauthorized occupant for loss, destruction, or damage to their property. The owner or
their agent is also shielded from liability for such damages unless the removal was wrongful.6
Wrongful removal
If a person is wrongfully removed from real property, they may bring a civil action for
wrongful removal. A court may restore possession of the real property to the person wrongfully
removed, award actual damages, statutory damages of triple the fair market rent of the
residential premises, court costs, and attorney’s fees.7
Criminal prohibitions
Criminal mischief
The bill expands the current definition of criminal mischief to include a prohibition on
unlawfully detaining, occupying, or trespassing upon a residential dwelling and intentionally
causing damage to the dwelling. A violation of this prohibition is a felony of the second degree.8
Title fraud
The bill creates a new criminal prohibition for title fraud. A person commits title fraud
when they knowingly do any of the following:
 With the purpose to detain or remain upon real property, present to another person a
false document purporting to be a valid lease, agreement, deed, or other instrument
conveying real property rights;
4 R.C. 1923.16(C).
5 R.C. 1923.16(D); R.C. 311.17(A)(7), not in the bill.
6 R.C. 1923.16(E).
7 R.C. 1923.16(F).
8 R.C. 2909.07.
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 List or advertise residential real property that the purported seller has no legal title or
authority to sell;
 Rent or lease residential real property that the purported owner has no lawful
ownership in to another person.
A violation of the first category of title fraud is a misdemeanor in the first degree. A
violation of the second or third categories is a felony of the first degree.9
HISTORY
Action Date
Introduced 04-16-24
ANSB0241IN-135/sb
9 R.C. 2913.53.
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As Introduced


Statutes affected:
As Introduced: 2909.07