Chapter 723 of the Florida Statutes governs the legal duties and rights between mobile home landlords and their mobile home tenants. The Florida Statutes define a mobile home tenant as one who owns his own mobile home but leases lot space from a park owner. A “mobile home” is defined as a residential structure that is at least 8 feet wide, 35 feet long, transportable and constructed on an integral chassis.
The Florida Statutes Chapter 723 applies only to park owners who lease at least 10 lots to mobile home owners who own mobile homes designed for permanent use. When park owners lease mobile homes and lots to their tenants, both parties are subject to Part 2 of Chapter 83 of the Florida Statutes. Chapter 83 of the Florida Statutes is the Florida Residential Landlord and Tenant Act. Chapter 83 also applies to landlords who lease recreational vehicles or lease lots to recreational vehicle owners.
Leases and Prospectus
Mobile home landlords must enter into lease agreements for terms of at least one year with each of their tenants. However, the Florida Statutes provide an exception to this rule for landlords who enter into shorter lease agreements with some tenants to ensure all of their leases begin and end simultaneously. Under Florida law, mobile home landlords who own mobile home parks with at least 26 lots available for rent must provide each tenant with a written prospectus or disclosure outlining the park rules, fees and allowable charges. Mobile park owners have a legal duty to inform their tenants of their park rules and regulations and must conspicuously post them in their parks.
Mobile home landlords cannot increase their rental charges within the first year of their lease agreements with their tenants. After expiration of a one-year lease, a landlord can raise his rent if he provides express notice of the new rental fees at least 60 days before the new rental amounts become effective. In addition to providing written notice of the impending increase, a landlord must give each of his tenants an option to terminate her lease agreement without any penalties, including fees for termination or exit charges.
Mobile home tenants have a right to peaceful and quiet enjoyment of their property. Mobile home landlords cannot enter their homes without first obtaining written consent from their tenants allowing them to enter. However, the Florida Statutes provide an exception to this rule allowing mobile home landlords the right to enter without obtaining consent during emergencies or to make emergency repairs. The exception is limited to entry within reasonable hours. Mobile home tenants have a right to habitable property. Mobile home park owners have a legal duty to maintain their parks in habitable condition, comply with local building and safety codes. Tenants have a right to freely sell their homes and place sale signs on their lots if doing so would be legal and allowable under local ordinance. Mobile home park owners cannot require their tenants to pay them a fee for selling their homes on their property.
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
- Florida Department of Business Professional Regulation: Division of Florida Condominiums, Timeshares, and Mobile Homes: Frequently Asked Questions – Mobile Homes
- The 2006 Florida Statutes: Chapter 723 Mobile Home Park Lot Tenancies
- The 2006 Florida Statutes: Chapter 723 Mobile Home Park Lot Tenancies -- 723.031 Mobile Home Lot Rental Agreements