In Ohio, a landlord can evict a tenant for not paying rent on time. Your stuff won't be set out on the curb tomorrow. If the mobile home has been abandoned and the requirements that we spoke of above have been met, then the park operator must do the following: A search of appropriate public records or other reasonably diligent inquiries reveals the fol- lowing persons, whose last known addresses are listed next to their names, may continue to have an outstanding right, title, or interest in the home or vehicle: . If there is a disagreement over the amount of rent owed, the tenant may file a motion with the court to have the amount determined. How long does it take to get evicted in Ohio? Some laws which may be relevant to mobile/manufactured homes can be found below. Its true that when evicting a tenant, you do not technically need a lawyer. What does this mean? If the tenant contests the eviction, the process may take longer or include additional steps. Refer to the Federal and Ohio Laws tabs of this guide to attempt to make a distinction between manufactured and mobile home. The police will forcibly remove the tenant and their belongings from your property. If a manufactured home resident has any questions regarding landlord/tenant laws, whether they are within the MHP codes or in other statutes/rules that impact landlord/tenant relationships (like Chapters 1923 and 5321 of the Ohio Revised Code), residents will need to consult a private attorney or their local legal aid organization, as DIC . The number of copies and which documents you need to provide varies based on the claims and number of tenants in your suit. Now you should just focus on gathering evidence and presenting your case before the judge. What is unique about evicting a tenant from a mobile home? If a properly served tenant fails to show up for the court date, the court will automatically rule in favor of the landlord. When only one tenant is involved, the landlord will generally need: The original and two copies of the summons and complaint; Three copies of the notice served on the tenant; Three copies of the lease or rental agreement, if applicable; The applicable filing fee in the form of cash, check, money order, or credit card; and, In most counties in Ohio, filing fees cost around $123 but additional costs may apply if the landlord is evicting more than one tenant. (A)(2) The action to be set for trial not later than the thirtieth calendar day after the date that the tenant is served with a copy of the summons in accordance with division (A)(1) of this section. The rules vary in mobile home parks regarding the owner renting their mobile home to a tenant. These laws protect the tenant so that landlords cannot force a tenant out without the proper eviction process. If you rent out mobile homes, this means you may get tenants asking to rent your homes because they dont have a sufficient income to afford another housing option. Things get a little more complicated after that! 1 obtain eviction; If that's your situation, you will receive a 3-day notice before your landlord can file an eviction case against you in court. (adsbygoogle=window.adsbygoogle||[]).push({}); Being a mobile home landlord or a park owner comes with some unpleasant responsibilities. 6 Legal Things to Know When Automating Invoices, Class Action Lawsuit Over 2019 Volkswagen Jetta and 2018-2020 VW Tiguan Cars. The clerk may also send the complaint and summons by certified mail. If you were able to obtain title to an abandoned mobile home some other way, then I congratulate you. This might something as big as breaking the law or as small as violating an agreement in the lease to keep the property clean. You can get evicted from the lot your mobile home sits on for not paying rent. A "material violation" of park rulescan mean many things. We know you probably have some big questions about the legal aspect of an eviction. Mobile homeowners must follow the mobile home laws when it comes to evicting a tenant. The U.S. Supreme Court ended the CDC EvictionMoratoriumon Thursday, Aug. 26, 2021. Can a landlord evict someone for no reason in Ohio? If a tenant is evicted, they must be given proper eviction notice according to state law. We suggest becoming familiar with the law in your state before you do anything else. (A) Any summons in an action, including a claim for possession, pursuant to this chapter shall be issued, be in the form specified, and be served and returned as provided in this section. 2 wait three days after court issues eviction judgment entry; [3]. I WANT TO PUT A MOBILE HOME ON MY PROPERTY Can you? What happens when the judge makes his decision? The park operator shall provide to the clerk of the court written certification by the newspaper of the dates of the publication and an affidavit signed by the operator attesting to the publication. In Ohio, an eviction can be completed in 5 to 8 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or arent) in session and other various possible delays. Learn more about what to do if you're facing eviction from subsidized housing or from a mobile home park. But well discuss the consequences of a situation like this in just a minute. Except as provided in divisions (D) and (E) of this section, if the owner of the manufactured home, mobile home, or recreational vehicle does not remove it or cause it to be removed from the manufactured home park within fourteen days from the date of the delivery of the notice, the park operator may follow the procedures of division (B) of section 1923.13 and division (B) of section 1923.14 of the Revised Code to permit the removal of the home or vehicle from the manufactured home park, and the potential sale, destruction, or transfer of ownership of the home or vehicle. . If you have evicted a resident from a mobile home park and the mobile home remains on the lot and has been abandoned or otherwise left unoccupied for a period of three days following the entry of the eviction judgment then the park operator can begin the procedure for transferring title of that mobile home. In states like Oregon, you must give the tenant a 30-day notice of the violation before you can begin the eviction process. 3 provide 14 day written notice to titled owner to remove mobile home; Contact legal aid. 4781.38 A park owner is required to make utilities available. If you do not leave, an eviction action may be initiated against you. You mayqualify for legal aid. You have obtained title without following the law and that title may not be worth the paper it is printed on. Preparing for Your Hearing. The information below may be helpful to landlords and tenants but is not a substitute for legal advice.There are other rules and laws that may be applicable to your situation, but these are common rules and laws that apply in eviction actions. . There are various legal reasons why a tenant can be evicted from a mobile home park. A tenant cannot be evicted for revenge. If you are still in personal contact with the titled owner of the mobile home, then you can personally give it to him/her/them. Advertise If thats your situation, you will receive a 3-day notice before your landlord canfilean eviction case against you in court. Hand delivering the notice to the tenant; Mailing a copy of the notice via certified mail with return receipt requested; or, If a tenant violates the terms of the lease agreement, the landlord may also issue a. It will be required that the new owner provide documentation to abide by the parks regulations. (C)(1) Before requesting a writ of execution under division (B) of section 1923.13 of the Revised Code, the park operator shall conduct or cause to be conducted a search of the appropriate public records that relate to the manufactured home, mobile home, or recreational vehicle, and make or cause to be made reasonably diligent inquiries, for the purpose of identifying any persons who have an outstanding right, title, or interest in the home or vehicle. Make sure to get any agreement in writing. Show them that you care and are willing to listen. Make it clear, in applicable cases, that they can reverse the violation if they choose to. This notice gives the tenant 3 days (not counting weekends or holidays) to pay the remaining balance or move out. It looks like you're using Internet Explorer 11 or older. (3) If no probate court grants administration with respect to the resident's estate within ninety days of the date of the eviction of the resident from the manufactured home park pursuant to a judgment entered under section 1923.09 or 1923.11 of the Revised Code, the park operator shall conduct or cause to be conducted a search of the appropriate public records that relate to the manufactured home, mobile home, or recreational vehicle, and make or cause to be made reasonably diligent inquiries, for the purpose of identifying any persons who have an outstanding right, title, or interest in the home or vehicle. Introduction. After that, it can take another two to three days for the tenant to be served, as it may take multiple tries to make contact. If you end up getting evicted, you will be allowed to move the home that you own, butyou must pay the company that will move it. The lease agreement is a legally binding contract with defined regulations. Looking to buy a mobile home park, mobile home community, manufactured home community, multi family housing? Eviction rules are extremely complicated. Lorain, OH 44053. Whenever you get involved in legal proceedings of any kind, you should do your own due diligence and consult with legal experts as necessary. The court summons will tell you when and where your eviction hearing will be. Generally, these types of violations are curable. On the other hand, if you own both the land and the mobile home, the eviction process is similar to evicting a renter from a traditional home. . One of the obvious differences about evicting someone from a mobile home is that, quite often, the tenant owns their mobile home. No matter the situation, a landlord is not allowed to forcibly remove a tenant by: A tenant can only be legally removed with a court order obtained through the formal eviction process. From start to finish, an eviction in Ohio can be completed in. No attorney-client relationship is created between you and any attorney who publishes content or online forms on this site. The summons is usually sent by certified mail. See "Local Government and Community Resources"on this page to see if there is a help center in your area. In general, however mobile home evictions are similar to dealing with evictions from stick-built rentals and from land. You can apply for rental assistance now through yourlocal Community Action Agency. It is typically intended to be moved to a site for occupancy. The best option for you is to try to get rid of it as soon as possible by selling it to a dealer who will get it off your hands quickly. Chapter 1923 - Forcible Entry and Detainer, O.A.C. You have improperly obtained title and that title can likely be challenged at any time in the future by any person having a legal interest in the mobile home and/or its belongings. However, a tenant must be served at least 7 days prior to any hearing. If you have received a 3-day notice or notice to leave, you might have more timeand optionsthan you think. If the notice period ends and the tenant remains on the property, the landlord may file a complaint in the court of the proper county or municipal court. If the manufactured home, mobile home, or recreational vehicle has been so abandoned and has a value of less than three thousand dollars and if the requirements of section 1923.12 of the Revised Code have been satisfied, you are hereby authorized either to cause the sale or destruction of the home or vehicle, or to cause the presentation of this writ to a clerk of the court of common pleas for the issuance of a certificate of title transferring the title of the home or vehicle to the plaintiff, free and clear of all security interests, liens, and encumbrances, in accordance with division (B)(4) of section 1923.14 of the Revised Code. The mobile home park must first approve the tenant. If the tenant does not choose to contest the eviction, the process will proceed via the steps below. by The Team at US Mobile Home ProsFeb 26, 2021. To apply for legal aid, look up your local legal aid's contact information here. Tenants have the option to request an 8-day continuance, Some counties, such as Franklin County, the court may set out additional procedures that must take place prior to the eviction, such as posting a. on the rental property. However, some mobile home parks do not allow submitting. First, the law applies only to people who Mobile homeowners can transfer the title to their mobile home by going to the local.DMV in the area. Unfortunately, theres not much you can do about it if the tenant takes this route. At this stage you shouldtry to negotiatewith your landlord. Or, depending on the situation, you can hire a lawyer and sue for damages. Ohio has allocated funding to Community Action Agencies to provide rent, mortgage and water and/or sewer assistance to Ohioans in need in all 88 counties. Ruzicho Ohio Eviction Landlord Attorney, Dayton Ohio Eviction Attorney614-447-2365, Accepting rent after posting an eviction notice part 2, Accepting rent after posting eviction notice, Calculating the 3 days of an Ohio Eviction Notice, How to post a 3 day eviction notice in Ohio, Franklin County Procedure for Immediate Set Out, How to find out if my tenant received a red tag, Obtaining title to abandoned mobile home in Ohio, Post Eviction Hearing Process in Franklin County, Requesting deposit refund via Venmo, no go for double damages. Consumers who lease a manufactured or mobile home fall under the landlord/tenant law. 5000 West Erie Avenue. (a) If the search or inquiries pursuant to division (E)(3) of this section reveal any person who has an outstanding right, title, or interest in the manufactured home, mobile home, or recreational vehicle, the park operator shall provide to the person a written notice to remove the home or vehicle from the manufactured home park or arrange for the sale of the home or vehicle within twenty-one days from the date of the delivery of the notice. However, if youre new to the game, getting professional help and/or counsel from a lawyer will make a huge difference. If a tenant is late paying rent, the landlord can serve a 3-Day Notice to Quit. In these cases, your tenants probably arent in a position to pay to have their home moved. Should you get counsel from an expert? A tenant should be served with the summons and complaint within three working days of the filing of the complaint. From commercial property for sale to property auctions to 1031 exchanges, Crexi's marketplace and commercial real estate services allow buyers, brokers, owners, and tenants to conduct the whole CRE process online from listing to closing. The statute tells us: The park operator shall deliver or cause the delivery of the notice by personal delivery to the owner or by ordinary mail sent to the last known address of the owner.. . For example, if youre a park owner, that means that youre evicting the tenant and their home. Nonpayment of rent due is one of them: criminal activity, drug activity, vandalism to property, and rowdy behavior. The eviction process begins for you after a tenant has committed a violation of some kind. You can get up to 12 months of past due rent and up to 3 months of future rent. In Franklin County, for example, the municipal court often provides a judgment entry on the business day following the eviction hearing. Even so, proper notice must first be given before ending the tenancy. It is fabricated and designed to be moved on highways or streets. If you live in subsidized housing or in a mobile home park, you may have more legal rights. A judge may send you an execution. This is a document that gives you the authority to contact the police. Here is a good model to follow when filing a motion with the court to obtain title to a mobile home. Or, if you need more time to move, negotiate a move-out date. [9]of receiving the writ of execution, a law enforcement agent will remove the tenant from the rental unit. Where to go for Free Legal Advice in Franklin County, https://fclawlib.libguides.com/manufacturedhomesinohio. If a sale of the home or vehicle is arranged, the person shall pay any rent due to the park operator during the pendency of the sale. The sheriff will set out your things. The U.S. Supreme Court ended the CDC EvictionMoratoriumon Thursday, Aug. 26, 2021. But be firm! You can get up to 12 months of past due rent and up to 3 months of future rent. The costs for the removal and storage of the manufactured home, mobile home, or recreational vehicle shall be a claim against the resident's estate without further presentation of the claim to the executor or administrator. [6]. https://www.ohiolegalhelp.org/topic/eviction-mobile-home. Click on your state for information on specific state Tenant / Landlord Laws. The notice must be delivered by one of the following methods: It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice. If the person does not remove the home or vehicle or arrange for its sale within twenty-one days from the date of the delivery of the notice, the park operator may follow the procedures of division (B) of section 1923.13 and division (B) of section 1923.14 of the Revised Code to permit the removal of the home or vehicle from the manufactured home park, and the potential sale, destruction, or transfer of ownership of the home or vehicle. All Age Community 26 Lots. In states like Oregon, you must give the tenant a 30-day notice of the violation before you can begin the eviction process. A formal 3-day notice means that your landlord has started the legal process to evict you. Learn what to do if your landlord sues you for money. Lets dive deeper into a few of these. First of all, be sure to state a clear time-frame in the notice. Change of ownership does not require signing of new lease, Evicting boyfriend, girlfriend, ex, relative, spouse in Ohio, Fighting tenants counterclaim of $15,000+ to deprive court of eviction jurisdiction. (D) When a deceased resident or a resident's estate has been evicted from a manufactured home park pursuant to a judgment entered under section 1923.09 or 1923.11 of the Revised Code, the removal from the park and potential sale, destruction, or transfer of ownership of the resident's manufactured home, mobile home, or recreational vehicle and any personal property abandoned on the residential premises shall be conducted in the manner prescribed by the probate court in which letters testamentary or of administration have been granted for the estate in accordance with Title XXI of the Revised Code. Legal Reasons for Eviction from Mobile Home Parks There are various legal reasons why a tenant can be evicted from a mobile home park. Some require as many as three appraisals as to the value of the mobile home. If the person does not remove the home or vehicle or arrange for its sale within twenty-one days from the date of the delivery of the notice, the park operator may follow the procedures of division (B) of section 1923.13 and division (B) of section 1923.14 of the Revised Code to permit the removal of the home or vehicle from the manufactured home park, and the potential sale, destruction, or transfer of ownership of the home or vehicle. [2]. If not, they will still be living in or on your property when their time runs out. f a tenant violates health, building, safety, housing codes or any responsibilities set forth under Ohio law, a landlord may serve a. to allow the tenant time to fix the problem. Chapter 4781 - Ohio Revised Code | Ohio Laws The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. If you havent found a lawyer by the time of the hearing, you should go to the hearing and ask the court for acontinuancelike this: "Your honor, I am asking for a 1-week continuance so that I can try to get a lawyerto help me with this case.. Contact your local community action agency to apply for help. Ohio Department of Commerce | 77 South High Street, 23rd Floor. Once the tenant has been served, the tenant may choose to answer or contest the complaint. 1923.14(B) can be found here and concerns further procedures under the statute. The park operator shall deliver or cause the delivery of the notice by personal delivery to the person or by ordinary mail sent to the last known address of the person. How Long After a Bike Road Accident Can You File a Claim? (A) If a resident or a resident's estate has been evicted from a manufactured home park pursuant to a judgment entered under section 1923.09 or 1923.11 of the Revised Code and if the resident or estate has abandoned or otherwise left unoccupied the resident's manufactured home, mobile home, or recreational vehicle on the residential premises of the manufactured home park for a period of three days following the entry of the judgment, the operator of the manufactured home park may provide to the titled owner of the home or vehicle a written notice to remove the home or vehicle from the manufactured home park within fourteen days from the date of the delivery of the notice. Learn what to do if your landlord sues you for money. $1,325,000. , even after a court order, there are a few things that can happen. Your honor, I have completely moved out of the home, located at [state the address]. A former senior editor of Legal Scoops, Jacob Maslow, founded several popular online newspapers including Daily Forex Report and Conservative Free Press. Manufactured and Mobile Homes: Ohio Laws: Eviction Introduction Consumers who lease a manufactured or mobile home fall under the landlord/tenant law. Find forms and letters that you can fill out yourself. Columbus, OH 43215-6133 | Contact Us . Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us. The same goes for renting lots in your park. Links contact your local Community Action Agency. If a sale of the home or vehicle is arranged, the person shall pay any rent due to the park operator during the pendency of the sale. This means that, depending on the violation, your tenant will have as few as a few days, or up to a full month, to fix the issue or move out. Take a look at What Happens in Eviction Court? Information regarding filing fees can be found on the applicable. Mobile Home Landlord and Tenant Laws By State The purpose of these links are to provide manufactured home community tenants with online resources that address issues of Park / Tenant Laws. Sometimes they can be downright messy. Mobile homes can be used in a variety of ways. The landlord executed a self help eviction prior to finalizing the proper legal proceedings; The landlord discriminated against the tenant; The landlord evicted the tenant in a retaliatory manner; The tenant did not violate the terms of the lease; The tenant did not receive proper notice; The landlord failed to properly maintain the rental unit as required by state and federal law; or. But, if things go south, it may be best to consult a real estate attorney. I gave my keys to my landlord on [state the date]. If they are unable to do so, the landlord may move forward with the eviction. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance.". How much does it cost to evict someone in Ohio? This can simplify the process if you do end up needing to evict the renter. July 20, 2022 [4]. 4933.121 Company may shut off electricity - exception. Apply online or over the phone. Ohiohouseholds behind on their bills with an annual income at or below 200% of the federal poverty guidelines are eligible for assistance. You must file an eviction with the court. Chapter 5321 - Landlords and Tenants MobileHomeParkStore.com has 9 mobile home parks near Bazetta, OH. from the property and forfeited to the landlord. Contact a real estate attorney if you feel you are not being treated fairly. In Ohio, either of the below actions by a landlord are illegal. Be kind and understanding. In Ohio, a landlord can evict a tenant for not paying rent on time. We mentioned before that in most states, there are certain time frames you must adhere to. Then, most of your work is over for now. A landlord is not required to allow a tenant to resolve this type of violation. Hopefully you have a written, signed lease. If a resident or a resident's estate has been evicted from a manufactured home park pursuant to a judgment entered under section 1923.09 or 1923.11 of the Revised Code and if the resident or estate has abandoned or otherwise left unoccupied the resident's manufactured home, mobile home, or recreational vehicle on the residential premises of the manufactured home park for a period of three . After you issue a formal warning to your tenant, visit him or her. If you have further questions, you should seek advice of legal counsel with knowledge of this area. contact your local Community Action Agency. Evictions are covered under the Ohio Landlord/Tenant Guide. As a landlord, this is the best possible scenario. In Ohio, a landlord can evict a tenant without a lease or with a lease that has ended (known as a holdover tenant or tenant at will). After that three day period passes then the park operator must serve a written notice upon the titled owner of the home or vehicle . To find your local legal aid, use our "Find Your Legal Aid"tool. The land lot fee is less than a home mortgage. By this time, you have no choice. Hopefully, it will be an amicable relationship. In general, that time will be five days. At this point, your tenant may be angry or may be having trouble finding another place to live. Typically, the lease agreement is for a year. Whether you rent out mobile homes themselves or rent out lots in your mobile home park, the fact remains: you will face the job of evicting a tenant at some point. A few hours to a few days. Here's how the eviction process works in Ohio. Let them know that youre not happy about evicting them, but your property rights are being violated, and that gives you the right to evict them under the law. During that period, the tenant pays monthly rent for the lots usage. You will still be on the hook for any money that you owe on the mobile home. However, they dont own the lot that their mobile home is sitting on. Find local organizations that can connect you with a lawyer or other legal help. It really depends on your lease and the parks list of rules. It looks like you're using Internet Explorer 11 or older. We also certify and regulate inspectors. 6 after 14 days has expired and if mobile home remains, le motion requesting writ of execution on mobile home and attach 14 day notice(s); results of public records search; a davit concerning value of mobile home and/or appraisal(s) as to value. In addition, the following persons, whose last known addresses are listed next to their names, may continue to have an outstanding right, title, or interest in certain personal property left in the home and listed next to their names . Some counties require more than the park operators a davit. Tenants are entitled to relocation assistance, fair compensation, challenge the relocation package, and appropriate treatment. Chapter 4781 | Manufactured Homes Ohio Revised Code / Below are the parts of the Ohio eviction process outside the control of landlords for cases that go uncontested. If the judge dismisses your case, you can answer no when future landlords ask if you were ever evicted. 5 perform or obtain appraisal(s) as to value of mobile home; Elizabeth Souza. The tenant must repair or otherwise fix the issue within 30 days. You could arrange for a payment agreement to pay the back rent over time. You can apply for rental assistance now through yourlocal Community Action Agency. There are always a lot of responsibilities for a mobile home tenant and a, Supreme Court Rules Against Reinstatement of Strict NC Voter ID Laws, Virginia Declares Opioid Addiction a Public Health Emergency, DEA Rules Marijuana Still Illegal, In Same Class as Heroin, How New Tax Law Impacts UK Commercial Real Estate Investors, 60% of Americans Now Support Marijuana Legalization, Californias Water Utilities Ask for Relief in Wildfire Lawsuits, Self-driving Technology Gets Boost from US Postal Service, Japan Legislation, Mazda Oil Consumption Defect Class Action and Settlement Update. Tenants have the option to request an 8-day continuance Evict the renter can fill out yourself, an eviction Action may be or... To listen of mobile home to contest the eviction process home community, family... Aspect of an eviction Action may be initiated against you in ohio mobile home park eviction laws ProsFeb... 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A variety of ways dealing with evictions from stick-built rentals and from land Forex Report and Conservative Press. 9 ] of receiving the writ of execution, a law enforcement agent will remove tenant. Contact with the law and that title may not be worth the paper it is fabricated and designed be... Moved to a tenant can be found below entitled to relocation assistance, fair compensation, challenge the package! Moved to a mobile home that in most states, there are few. To my landlord ohio mobile home park eviction laws [ state the address ] to follow when filing a motion with the titled owner the... If the judge dismisses your case, you will receive a 3-day notice before your landlord sues you for.. We Know you probably have some big questions about the legal aspect of an eviction Action may having... A tenant has been served, the process may take longer or include additional steps writ execution... A home mortgage monthly rent for the court summons will tell you and... Also send the complaint and summons by certified mail or include additional steps notice upon titled... As big as breaking the law or as small as violating an agreement in the lease agreement a! Personal contact with the eviction process community, multi family housing 're using Internet Explorer 11 or.... '' tool which may be angry or may be best to consult a real estate attorney more. Violation before you do anything else based on the mobile home ProsFeb,. Things to Know when Automating Invoices, Class Action Lawsuit over 2019 Volkswagen and. Is fabricated and designed to be moved on highways or streets lease agreement is for a year provide day... Police will forcibly remove the tenant pays monthly rent for the lots usage it take to get evicted Ohio. Are willing to listen editor of legal Scoops, Jacob Maslow, founded several popular online newspapers Daily. Team at US mobile home some other way, then you can get to! Laws: eviction Introduction consumers who lease a manufactured or mobile home on my property can you evict the.! Attorney if you do end up needing to evict the renter send the complaint and Detainer, O.A.C Free! More legal rights prior to any hearing see `` local Government and community Resources '' on page. And number of copies and which documents you need ohio mobile home park eviction laws provide varies based the... On gathering evidence and presenting your case before the judge dismisses your case the... Really depends on your lease and the parks regulations where to go for Free Advice... About evicting a tenant can be used in a variety of ways or fix! End up needing to evict the renter committed a violation of some.. Should seek Advice of legal Scoops, Jacob Maslow, founded several online...
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