OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 480 Bill Analysis
135th General Assembly
Click here for H.B. 480’s Fiscal Note
Version: As Reported by House Criminal Justice
Primary Sponsors: Reps. T. Young and Demetriou
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.
▪ Declares an emergency.
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. The bill includes an emergency
clause due to the impact of loss of ownership of property, and would go into immediate effect
if enacted.2
1 Chapter 1923 of the Revised Code.
2 Section 3.
December 11, 2024
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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;
▪ 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 in writing to leave the residential
premises (see “Notice to vacate,” below);
▪ The unauthorized occupant is not currently, and was not within the year preceding the
date the request was submitted, a tenant of the residential premises pursuant to a
written or oral rental agreement authorized by the record owner (former tenants of a
previous record owner may still 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.3
Notice to vacate
At least three days before initiating the nonjudicial process for removing an
unauthorized occupant, the record owner must provide written notice directing the
unauthorized occupant to leave the premises. The notice may be effectuated by certified mail
(return receipt requested), by handing a copy of the notice to the unauthorized occupant, by
leaving a copy of the notice at the unauthorized occupant’s usual place of abode, or by leaving
a copy of the notice at the residential premises that is the subject of the complaint. The notice
must include the following statement:
3 R.C. 1923.16(A); R.C. 1349.04(A)(2), not in the bill.
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You are being asked to leave the premises. If you do not
leave, you may be removed by the county sheriff. If you are in
doubt regarding your legal rights and obligations as an occupant
of this premises, it is recommended that you seek legal
assistance.4
Complaint
If all of the conditions and requirements 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.
▪ A copy of the deed to the property.5
A person who knowingly makes a false statement in the complaint is guilty of perjury, a
felony of the third degree.6
Notice and removal
Upon receiving a complaint to remove an unauthorized occupant and a copy of the deed
to the property, the sheriff 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.7 The sheriff is entitled to a $60 service fee, to be paid by the
record owner or agent that made the complaint.8
After delivering notice, the owner or their agent may request that the sheriff stand by to
keep the peace while the owner or agent removes the unauthorized occupier’s personal
property and changes the locks. The sheriff may charge the owner or their agent a reasonable
hourly rate to do so. The sheriff is not liable to the unauthorized occupant for loss, destruction,
4 R.C. 1923.16(A)(5).
5 R.C. 1923.16(B).
6 R.C. 1923.16(G); R.C. 2921.11, not in the bill.
7 R.C. 1923.16(C).
8 R.C. 1923.16(D); R.C. 311.17(A)(7), not in the bill.
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or damage to their property. The owner or their agent is also shielded from liability for such
damages unless the removal was wrongful.9
Wrongful removal
If a person is wrongfully removed from real property, they may bring a civil action for
wrongful removal within two years after the removal. A court may restore possession of the
real property to the person wrongfully removed, award actual damages, statutory damages of
triple the monthly fair market rent of the residential premises, court costs, and attorney’s
fees.10 The action may be brought against the person who requested the removal. No cause of
action is created against the sheriff or county for wrongful removal.11
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 felony of the fifth degree. A
subsequent violation is a felony of the fourth degree.12
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;
▪ 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;
▪ Sell or otherwise encumber residential real property that the purported seller has no
legal title or authority to sell or encumber.
A violation of the first category of title fraud is a felony of the fifth degree. A violation of
the second, third or fourth categories is a felony of the fourth degree.13
9 R.C. 1923.16(E).
10 R.C. 1923.16(F).
11 R.C. 1923.16(I).
12 R.C. 2909.07.
13 R.C. 2913.53.
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As Reported by House Criminal Justice
Office of Research and Drafting LSC Legislative Budget Office
HISTORY
Action Date
Introduced 04-08-24
Reported, H. Criminal Justice 12-10-24
anhb0480rh-135/ks
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As Reported by House Criminal Justice
Statutes affected: As Introduced: 2909.07