Florida RV Park Evictions: Transient Guests and the Six-Month Rule

Removing an occupant from a recreational vehicle park in Florida can be very different from evicting a residential tenant or a mobile home park resident. The correct procedure depends on several factors, including the type of vehicle involved, how long the guest has continuously occupied it, and whether the occupancy is considered transient or nontransient.

That distinction matters. In certain circumstances, a Florida recreational vehicle park operator may use the expedited ejection procedures found in Chapter 513, Florida Statutes. In others, the operator may need to file a formal eviction action under Part II of Chapter 83. Need assistance? Call Law Office of Ryan S. Shipp, PLLC today @ 561.699.0399.

Is It A Mobile Home Or A Recreational Vehicle?

Although people sometimes use the terms interchangeably, Florida law treats mobile homes and recreational vehicles differently.

Under Section 513.01, Florida Statutes, a “mobile home” is generally a residential structure that:

• Is transportable in one or more sections;
• Is at least 8 body feet wide;
• Is more than 35 feet long with the hitch;
• Is built on an integral chassis; and
• Is designed for use as a dwelling when connected to the required utilities.

A recreational vehicle, on the other hand, is primarily designed as temporary living quarters for recreational, camping, or travel purposes. It may have its own motive power or be mounted on or drawn by another vehicle. This category includes travel trailers, camping trailers, truck campers, motor homes, park trailers, fifth-wheel trailers, and certain other vehicle types.

The physical appearance of the unit does not necessarily control its legal classification. An RV does not automatically become a permanent residence simply because it has tie-downs, a porch, a carport, a screen room, or similar removable attachments.

What Is A Transient RV Park Guest?

Section 513.01(12), Florida Statutes, defines a “transient guest” as a guest registered under section 513.112 for six months or less.

The six-month period is especially important. When an RV park operator knowingly permits a guest to continuously occupy a recreational vehicle in the park for more than six months, Florida law creates a rebuttable presumption that the occupancy is nontransient. When that presumption applies, the eviction procedures under Section 513.13 generally govern.

In practical terms, a park operator should not assume that Chapter 513’s expedited removal procedure remains available merely because the occupant originally arrived as a short-term guest. A long-term occupant may have to be removed through a court-filed eviction proceeding.

Because the presumption is rebuttable, the length of occupancy is not necessarily the only relevant consideration. The guest registration, written agreement, payment history, park records, intended duration of the stay, and surrounding circumstances may all become important.

Grounds For Removing A Transient Guest

Under Section 513.13(1), Florida Statutes, an RV park operator may remove a transient guest who:

• Illegally possesses or deals in controlled substances on the park premises;
• Disturbs the peace, quiet enjoyment, or comfort of others;
• Causes physical damage to the park;
• Violates the park’s posted rules and regulations; or
• Fails to pay the agreed rent when due.

A written lease may establish additional grounds for ejection. RV park operators should therefore use clear written agreements, maintain an accurate guest register, and make sure the park’s rules are properly posted and consistently enforced.

Removal or admission decisions may not be based on race, color, national origin, sex, physical disability, or creed.

The Required Written Notice

Before using the ejection procedure, the operator must notify the transient guest in writing that the park no longer wishes to entertain the person as a guest and that the guest must leave immediately.

Section 513.13(2) provides specific statutory language for this notice:

“You are hereby notified that this recreational vehicle park no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this state.”

If the guest paid in advance, the park must tender the unused portion of the advance payment when the notice is given.

A transient guest who remains or attempts to remain after receiving the statutory notice commits a second-degree misdemeanor. The statute also allows the park operator to request assistance from law enforcement when a person is illegally on the park premises.

Although Chapter 513 provides an expedited process, park operators should be careful. If the occupant is arguably nontransient, law enforcement may decline to remove the person without a court order. Using the wrong procedure could expose the operator to claims involving wrongful eviction, unlawful utility interruption, or improper handling of personal property.

Can an RV Park Disconnect Utilities for Nonpayment?

Florida law provides RV park operators with a limited utility-disconnection remedy. However, it does not apply merely because rent is three days late.

Under Section 513.13(3), the guest must have an outstanding account exceeding the equivalent of three nights’ rent. Once that threshold is met, the operator may disconnect the RV’s utilities and notify the guest that the disconnection is intended to require the guest to meet with the operator and arrange payment.

Any payment arrangement must be in writing, and the guest must receive a copy. Once the agreement is entered into, the operator must reconnect the utilities.

This remedy should be used cautiously and only when the occupant qualifies as a transient guest under Chapter 513. Disconnecting utilities to force out a nontransient occupant could amount to a prohibited self-help eviction.

What Happens To Property Left Behind?

When a transient guest is lawfully removed or arrested under section 513.13, the guest is considered to have abandoned any right to occupy the RV park premises. The operator must nevertheless use reasonable and proper means to care for personal property left behind.

If immediate removal of the property is not practical, the former guest may arrange a reasonable time, no longer than 48 hours, to retrieve the property while accompanied by a law enforcement officer.

The operator must also refund any unused portion of money previously paid for occupancy.

Why The Guest’s Status Must Be Determined First

Before delivering an ejection notice, disconnecting utilities, or contacting law enforcement, an RV park operator should determine whether the person is legally a transient guest.

The operator should review:

• The date the guest first registered;
• Whether occupancy has been continuous;
• The guest register required by section 513.112;
• Any written lease or occupancy agreement;
• The frequency and method of rent payments;
• Whether the park knowingly allowed occupancy beyond six months;
• Any posted rule violations; and
• The specific reason removal is being requested.

The label placed on an agreement is not always controlling. Calling someone a “guest” does not necessarily make the person transient if the actual facts show continuous, long-term residential occupancy.

Speak With A Florida Eviction Attorney Before
Taking Action

Florida RV park removal cases can turn on a narrow but critical distinction: Is the person a transient guest governed by Chapter 513, or a nontransient occupant entitled to the eviction process under Chapter 83?

Making that determination before taking action can help the park operator avoid an unnecessary delay, a rejected law-enforcement request, or potential claims arising from an improper self-help removal.

Law Office of Ryan S. Shipp, PLLC represents landlords and property owners in eviction and occupancy disputes throughout South Florida. If you operate an RV park, campground, or travel resort and need assistance removing an occupant, contact the firm @ 561.699.0399 to discuss the appropriate legal procedure.

FAQ

Can an RV park owner evict someone without going to court in Florida?

A qualifying transient guest may be subject to Chapter 513’s statutory ejection procedure. A nontransient occupant may have to be removed through a Chapter 83 eviction action.

What happens when an RV park guest stays longer than six months?

If the operator knowingly permits continuous occupancy for more than six months, a rebuttable presumption arises that the occupancy is nontransient and Chapter 83’s eviction procedures apply.

Can a Florida RV park disconnect electricity for unpaid rent?

Section 513.13 permits limited utility disconnection when a transient guest’s outstanding account exceeds the equivalent of three nights’ rent. The operator must follow the statute and reconnect utilities after a written payment arrangement is made.

Can police remove an RV park guest in Florida?

Chapter 513 authorizes law-enforcement assistance in specified circumstances involving transient guests. If the person’s status is disputed or appears nontransient, a court-filed eviction may be necessary.

This article is provided for general informational purposes only and is not legal advice. Every occupancy dispute depends on its particular facts and documents.

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