When it comes to mobile home park evictions in Florida, the rules are a bit different from standard residential evictions. Florida Statute 723.061 outlines specific reasons and procedures for mobile home park owners to follow when evicting a mobile home owner, tenant, or occupant. Law Office of Ryan S. Shipp, PLLC knows how important it is to guide park owners through these steps while ensuring they’re aware of both their rights and obligations. Let’s break it down in plain language.
1. Grounds for Eviction (723.061(1))
A mobile home park owner can only evict someone based on a handful of legitimate reasons, including:
- Nonpayment of Lot Rent (723.061(1)(a)): If a tenant or owner misses a rent payment, the park owner can send a written notice, giving them 5 days to pay up. If they don’t, eviction can proceed. That said, if the tenant pays all the overdue rent, including any late fees, court costs, and attorney’s fees, the court might decide not to evict—unless this has happened more than twice before. This gives tenants some protection, but prevents them from repeatedly being late.
- Criminal Conviction (723.061(1)(b)): If a tenant is convicted of a crime that puts other residents’ health, safety, or welfare at risk, the park owner can evict them with just 7 days’ notice. This applies to serious situations where the community’s safety is at stake.
- Violation of Park Rules or Lease Agreement (723.061(1)(c)): A tenant can also be evicted for breaking park rules, the rental agreement, or this specific chapter of the law. If it’s their first violation and it endangers the park’s residents, employees or property, they have 7 days to vacate. For a second violation within 12 months, eviction is almost guaranteed, as long as the park owner has properly notified them and given a chance to fix the issue the first time. However, a violation over a year later won’t count as a repeat offense. The key here is ensuring that the rules are applied fairly and that tenants are aware of what’s expected.
- Change in Land Use (723.061(1)(d)): Sometimes, the land the mobile home park sits on may be changing to a new use—maybe it’s being sold or redeveloped. In that case, tenants need at least 6 months’ notice to find a new place. The homeowners’ association (if there is one) gets the first opportunity to buy the park if it’s being sold. This process involves strict notice requirements to ensure transparency with both homeowners and the association.
- Failure to Qualify as a Tenant (723.061(1)(e)): If someone buys or moves into a mobile home without going through the proper approval process, they can be evicted within 7 days. This keeps the park owner in control of who lives in the community and ensures that everyone has been properly vetted.
2. Eviction Process – A Quick Path for Landlords (723.061(3))
Mobile home park owners are entitled to use a “summary procedure” when filing for eviction, as laid out in Florida Statute 51.011. This means that the case gets pushed up the court calendar for faster resolution, which is great for park owners trying to regain possession quickly. This expedited process keeps things moving and helps landlords avoid the delays that can happen with other types of evictions.
3. How to Deliver Notices (723.061(4))
Florida law requires that all notices be sent in writing, posted on the premises, and sent via certified or registered mail. Delivery is considered complete 5 days after the postmark date. This helps protect the tenant’s right to know about the eviction and gives park owners a clear way to document that proper notice was given.
4. Accepting Rent Doesn’t Mean You Lose Your Rights (723.061(5))
If a park owner accepts any rent after giving an eviction notice, they don’t lose their right to continue with the eviction. This provision is particularly important because it stops a tenant from using a partial payment as a way to prevent the eviction from moving forward. However, that rent payment must be accounted for when the eviction case is resolved.
The Closing Argument
As a Florida eviction attorney, it’s vital to make sure mobile home park owners follow every step laid out in these statutes. Whether it’s giving proper notice, documenting rule violations, or handling rent payments, staying on top of these details can help avoid unnecessary delays or legal complications.
Helping park owners understand the unique aspects of mobile home park evictions will not only protect their interests, but also ensure they are complying with Florida law. Law Office of Ryan S. Shipp, PLLC is located in Lantana, Florida. We serve mobile home parks statewide throughout all of Florida’s 67 counties. Call us today @ 561.699.0399 to learn more.
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