Getting evicted from a house or apartment for nonpayment of rent forces the tenant to move out or be removed by a sheriff. When the late rent is in a mobile-home park, it becomes more difficult for the tenant, as moving the mobile home itself is typically an expensive proposition and one that may be difficult to pay for if the tenant is already behind in lot rent. Florida has specific laws regarding mobile-home park evictions.
Grounds
Florida law allows a mobile-home tenant to be evicted for nonpayment of lot rent. Nonpayment is legally defined as rent not being paid when due. Mobile-home park residents usually own their mobile home and pay a mortgage to a bank, but they also pay lot rent to use the space the mobile home sits on and to have utilities hooked up to the home. Mobile-home park residents typically sign a lease when they move into the park. The lease details how much the lot rent is and when it's due. It also include any grace period the tenant is allowed for rent payments.
When Problems Arise
To begin the eviction process, representatives of the mobile-home park must notify the tenant in writing that the lot rent is late; a demand must be made for it. Florida law mandates the tenant be given five days from the date of the notice to pay up all due lot rent or vacate the premises.
Next Step
Once the fifth day passes without the lot rent being paid, the mobile-home park can file for eviction with the Florida county courthouse in the county in which the mobile home is located. The court clerk provides the appropriate forms and collects the filing fee. As of 2011, Florida's statewide fee for filing an eviction was $190 for one tenant and $10 for each additional tenant in the same eviction action.
Solution
Florida law is specific about allowing tenants to correct lot rent before an eviction is complete. If the tenant hasn't been late on lot rent more than twice during the current lease period and is able to pay all back rent, court costs and attorney fees before a writ is filed, the judge dismisses the eviction and allows the tenant to remain in the mobile-home park. If the tenant has been late more than twice, the judge has the option of letting the eviction stand even if the tenant has the funds to catch up.
Removing the Home
When an eviction is upheld, either by default or by the judge's order, the mobile-home park has the right to remove not only the tenant but also the mobile home. Ten days following the court appearance, the mobile-home park can file a writ, and a sheriff deputy can remove the tenant. The sheriff appears at the park, orders the tenants out and removes all of the tenant's personal property to the park's property line. In addition, the park can arrange for a mobile-home moving service to remove the mobile home to the park's property line and appeal to the judge to order the cost of moving the trailer added to the eviction judgment.
References
Writer Bio
Candace Webb has been writing professionally since 1989. She has worked as a full-time journalist as well as contributed to metropolitan newspapers including the "Tennessean." She has also worked on staff as an associate editor at the "Nashville Parent" magazine. Webb holds a Bachelor of Arts in journalism with a minor in business from San Jose State University.