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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 5
2025-2026
Senators Brenner, Huffman
A
BILL
To
amend section 2909.07 and to enact sections 1923.16 and 2913.53 of
the Revised Code
to
provide for the expedited removal of unauthorized occupants from
residential property and to prohibit the use and sale of fraudulent
deeds.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 2909.07 be amended and sections 1923.16 and 2913.53 of the
Revised Code be enacted to read as follows:
Sec.
1923.16.
(A)
Notwithstanding any contrary provision of this chapter, a record
owner of real property in this state or the record owner's authorized
agent may request the county sheriff, a police officer, constable, or
bailiff to immediately remove a person who unlawfully occupies a
residential premises on that real property, if all of the following
apply:
(1)
The requesting person is the record owner of the real property or the
authorized agent of the record owner.
(2)
The real property includes a residential premises, and the record
owner has the right to occupy that residential premises to the
exclusion of others.
(3)
The unauthorized occupant unlawfully entered the residential premises
and is residing or otherwise remains in the residential premises.
(4)
The residential premises was not open to members of the public at the
time the unauthorized occupant entered.
(5)
The record owner directed the unauthorized occupant to leave the
residential premises.
(6)
The unauthorized occupant is not a member of the record owner's
immediate family, as defined in section 1349.04 of the Revised Code.
(7)
There is no pending litigation related to the real property or the
residential premises between the record owner and the unauthorized
occupant.
(B)
A request to immediately remove an unauthorized occupant under this
section shall be in substantially the following form:
"COMPLAINT
TO REMOVE PERSONS UNLAWFULLY OCCUPYING A RESIDENTIAL PREMISES
I,
the record owner or authorized agent of the record owner of the real
property located at ________ (address), declare under the penalty of
perjury that (initial each box):
1.
__ I am the record owner of the real property, or the authorized
agent of the record owner.
2.
__ I purchased the real property on ____ (date).
3.
__ The real property includes a residential premises.
4.
__ An unauthorized person unlawfully entered the residential premises
and is residing or otherwise remains in the residential premises.
5.
__ The residential premises was not open to members of the public at
the time the unauthorized occupant entered.
6.
__ I have directed the unauthorized occupant to leave the residential
premises, but the unauthorized occupant has not done so.
7.
__ The unauthorized occupant is not my immediate family member.
8.
__ There is no litigation related to the real property or residential
premises pending between the property owner and the unauthorized
occupant.
9.
__ I understand that a person or persons removed from the residential
premises pursuant to this procedure may bring a cause of action
against me for any false statements made in this complaint, or for
wrongfully using this procedure, and that as a result of such action
I may be held liable for actual damages, penalties, costs, and
reasonable attorney's fees.
10.
__ I am requesting the sheriff, police officer, constable, or bailiff
to immediately remove the unauthorized occupant from the residential
premises.
11.
__ A copy of my valid government-issued identification is attached,
or I am an agent of the record owner and documents evidencing my
authority to act on the record owner's behalf are attached.
I
HAVE READ EVERY STATEMENT MADE IN THIS COMPLAINT AND EACH STATEMENT
IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS
COMPLAINT ARE MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED
IN SECTION 2921.11 OF THE REVISED CODE.
___________________
(Signature of record owner or record owner's agent)"
(C)(1)
Upon receipt of a complaint that substantially conforms to the
requirements of this section, the sheriff, police officer, constable,
or bailiff shall verify that the complainant is the record owner of
the real property that is the subject of the complaint, or the
authorized agent of the record owner, and appears to be entitled to
relief under this section. If verified, the sheriff, police officer,
constable, or bailiff shall, without delay, service a notice to
immediately vacate on all unauthorized occupants and shall put the
record owner in possession of the real property.
(2)
Service may be accomplished by hand delivery of the notice to the
unauthorized occupant or by posting the notice on the front door or
entrance of the residential premises.
(3)
The sheriff, police officer, constable, or bailiff shall attempt to
verify the identities of all persons occupying the residential
premises and note the identities on the return of service. If
appropriate, the sheriff, police officer, constable, or bailiff may
arrest any person found in the residential premises for trespass,
outstanding warrants, or any other legal cause.
(D)
The sheriff, police officer, constable, or bailiff is entitled to the
same fee for service of the notice to immediately vacate as if the
sheriff were serving a writ of possession under section 311.17 of the
Revised Code.
(E)(1)
After the sheriff, police officer, constable, or bailiff serves the
notice to immediately vacate, the record owner or authorized agent
may request that the sheriff, police officer, constable, or bailiff
stand by to keep the peace while the record owner or agent changes
the locks and removes any personal property left by the unauthorized
occupants from the residential premises to or near the property line.
(2)
When such a request is made, the sheriff, police officer, constable,
or bailiff may charge a reasonable hourly rate, and the person
requesting the sheriff, police officer, constable, or bailiff to
stand by and keep the peace is responsible for paying the reasonable
hourly rate set by the sheriff.
(3)
The sheriff, police officer, constable, or bailiff is not liable to
the unauthorized occupant or any other party for loss, destruction,
or damage to property.
(4)
The record owner or authorized agent is not liable to an unauthorized
occupant or any other party for the loss, destruction, or damage to
personal property unless the removal was wrongful.
(F)
A person wrongfully removed from real property under this section may
bring a civil action for wrongful removal in any court of competent
jurisdiction. The court may restore possession of real property to a
person wrongfully removed under this section and may award actual
damages, statutory damages equal to triple the fair market rent of
the residential premises, court costs, and reasonable attorney's
fees.
(G)
This section does not limit the rights of a property owner or limit
the authority of a law enforcement officer to arrest an unlawful
occupant for trespassing, vandalism, theft, or other crimes.
Sec.
2909.07.
(A)
No person shall:
(1)
Without privilege to do so, knowingly move, deface, damage, destroy,
or otherwise improperly tamper with either of the following:
(a)
The property of another;
(b)
One's own residential real property with the purpose to decrease the
value of or enjoyment of the residential real property, if both of
the following apply:
(i)
The residential real property is subject to a mortgage.
(ii)
The person has been served with a summons and complaint in a pending
residential mortgage loan foreclosure action relating to that real
property. As used in this division, "pending" includes the
time between judgment entry and confirmation of sale.
(2)
With purpose to interfere with the use or enjoyment of property of
another, employ a tear gas device, stink bomb, smoke generator, or
other device releasing a substance that is harmful or offensive to
persons exposed or that tends to cause public alarm;
(3)
Without privilege to do so, knowingly move, deface, damage, destroy,
or otherwise improperly tamper with a bench mark, triangulation
station, boundary marker, or other survey station, monument, or
marker;
(4)
Without privilege to do so, knowingly move, deface, damage, destroy,
or otherwise improperly tamper with any safety device, the property
of another, or the property of the offender when required or placed
for the safety of others, so as to destroy or diminish its
effectiveness or availability for its intended purpose;
(5)
With purpose to interfere with the use or enjoyment of the property
of another, set a fire on the land of another or place personal
property that has been set on fire on the land of another, which fire
or personal property is outside and apart from any building, other
structure, or personal property that is on that land;
(6)
Without privilege to do so, and with intent to impair the functioning
of any computer, computer system, computer network, computer
software, or computer program, knowingly do any of the following:
(a)
In any manner or by any means, including, but not limited to,
computer hacking, alter, damage, destroy, or modify a computer,
computer system, computer network, computer software, or computer
program or data contained in a computer, computer system, computer
network, computer software, or computer program;
(b)
Introduce a computer contaminant into a computer, computer system,
computer network, computer software, or computer program.
(7)
Without privilege to do so, knowingly destroy or improperly tamper
with a critical infrastructure facility
;
(8)
Without privilege to do so, unlawfully detain, occupy, or trespass
upon a residential dwelling and intentionally cause at least one
thousand dollars in damages to the dwelling
.
(B)
As used in this section:
(1)
"Safety device" means any fire extinguisher, fire hose, or
fire axe, or any fire escape, emergency exit, or emergency escape
equipment, or any life line, life-saving ring, life preserver, or
life boat or raft, or any alarm, light, flare, signal, sign, or
notice intended to warn of danger or emergency, or intended for other
safety purposes, or any guard railing or safety barricade, or any
traffic sign or signal, or any railroad grade crossing sign, signal,
or gate, or any first aid or survival equipment, or any other device,
apparatus, or equipment intended for protecting or preserving the
safety of persons or property.
(2)
"Critical infrastructure facility" has the same meaning as
in section 2911.21 of the Revised Code.
(3)
"Improperly tamper" means to change the physical location
or the physical condition of the property.
(C)(1)
Whoever violates this section is guilty of criminal mischief, and
shall be punished as provided in division (C)(2), (3), or (4) of this
section.
(2)
Except as otherwise provided in this division, criminal mischief
committed in violation of division (A)(1), (2), (3), (4), or (5) of
this section is a misdemeanor of the third degree. Except as
otherwise provided in this division, if the violation of division
(A)(1), (2), (3), (4), or (5) of this section creates a risk of
physical harm to any person, criminal mischief committed in violation
of division (A)(1), (2), (3), (4), or (5) of this section is a
misdemeanor of the first degree. If the property involved in the
violation of division (A)(1), (2), (3), (4), or (5) of this section
is an aircraft, an aircraft engine, propeller, appliance, spare part,
fuel, lubricant, hydraulic fluid, any other equipment, implement, or
material used or intended to be used in the operation of an aircraft,
or any cargo carried or intended to be carried in an aircraft,
criminal mischief committed in violation of division (A)(1), (2),
(3), (4), or (5) of this section is one of the following:
(a)
If the violation creates a risk of physical harm to any person,
except as otherwise provided in division (C)(2)(b) of this section,
criminal mischief committed in violation of division (A)(1), (2),
(3), (4), or (5) of this section is a felony of the fifth degree.
(b)
If the violation creates a substantial risk of physical harm to any
person or if the property involved in a violation of this section is
an occupied aircraft, criminal mischief committed in violation of
division (A)(1), (2), (3), (4), or (5) of this section is a felony of
the fourth degree.
(3)
Except as otherwise provided in this division, criminal mischief
committed in violation of division (A)(6) of this section is a
misdemeanor of the first degree. Except as otherwise provided in this
division, if the value of the computer, computer system, computer
network, computer software, computer program, or data involved in the
violation of division (A)(6) of this section or the loss to the
victim resulting from the violation is one thousand dollars or more
and less than ten thousand dollars, or if the computer, computer
system, computer network, computer software, computer program, or
data involved in the violation of division (A)(6) of this section is
used or intended to be used in the operation of an aircraft and the
violation creates a risk of physical harm to any person, criminal
mischief committed in violation of division (A)(6) of this section is
a felony of the fifth degree. If the value of the computer, computer
system, computer network, computer software, computer program, or
data involved in the violation of division (A)(6) of this section or
the loss to the victim resulting from the violation is ten thousand
dollars or more, or if the computer, computer system, computer
network, computer software, computer program, or data involved in the
violation of division (A)(6) of this section is used or intended to
be used in the operation of an aircraft and the violation creates a
substantial risk of physical harm to any person or the aircraft in
question is an occupied aircraft, criminal mischief committed in
violation of division (A)(6) of this section is a felony of the
fourth degree.
(4)
Criminal mischief committed in violation of division (A)(7) of this
section is a felony of the third degree.
(5)
Criminal mischief committed in violation of division (A)(8) of this
section is a felony of the second degree.
Sec.
2913.53.
(A)
No person, with the purpose to detain or remain upon real property,
shall knowingly present to another person a false document purporting
to be a valid lease agreement, deed, or other instrument conveying
real property rights.
(B)
No person shall knowingly do any of the following:
(1)
List or advertise residential real property that the purported seller
has no legal title or authority to sell;
(2)
Rent or lease residential real property that the purported owner has
no lawful ownership in to another person.
(C)
Whoever violates this section is guilty of title fraud. A violation
of division (A) of this section is a misdemeanor of the first degree.
A violation of division (B) of this section is a felony of the first
degree.
Section
2.
That
existing section 2909.07 of the Revised Code is hereby repealed.