At Law Office of Ryan S. Shipp, PLLC, we understand that navigating the eviction process can be overwhelming for landlords and property managers. Our team specializes in helping you regain possession of your property quickly and efficiently. Whether you’re dealing with mobile home lot tenants or traditional residential renters, it’s crucial to understand the eviction laws that apply to your situation.
Understanding Mobile Home Evictions in Florida
Mobile home evictions are unique and governed by Chapter 723 of the Florida Statutes. This law applies specifically to mobile home parks (MHPs) with 10 or more lots, covering evictions from the lot rather than from the home itself. If you’re renting both the home and the lot or dealing with smaller MHPs (fewer than 10 lots), Chapter 83, Part II—Florida’s Residential Landlord and Tenant Act—comes into play.
Grounds for Eviction in Mobile Home Parks
As a mobile home park owner or manager, you can initiate an eviction for several reasons under § 723.061, of the Florida Statutes:
- Nonpayment of lot rent – If the tenant doesn’t pay, you can serve a written demand. The tenant then has 5 days to pay or face eviction.
- Violation of park rules or laws – This includes any violations of the rental agreement or park rules that jeopardize the safety, health, or welfare of other residents or employees.
- Criminal activity – A tenant convicted of certain crimes can be evicted with just 7 days’ notice.
However, Florida law allows the tenant to avoid eviction if they bring their payments current, including rent, late fees, and legal costs, within the court-specified period, if hasn’t occured more than twice.
Eviction Process and Notice Requirements
Notices are critical in eviction proceedings. For instance, a tenant violating park rules, a rental agreement, and/or Florida law, typically has 7 days to fix the issue. If the violation occurs again within 12 months, the tenant can be evicted with a 30-day notice.
If a tenant poses an immediate risk to the park’s safety or violates local laws, the eviction notice may not allow time for the tenant to correct the issue, expediting the process.
Eviction by Change of Use
Another unique aspect of mobile home park evictions is when the park’s land is repurposed. In this scenario, the MHP owner must give 45 days’ notice to the homeowners’ association and then a 6-month notice to the tenants before the eviction. The tenants may also be eligible for relocation assistance.
How to Navigate the Eviction Process
Florida’s mobile home eviction process is streamlined through summary procedure, which is under § 51.011, of the Florida Statutes and helps expedite the process. After two unsuccessful attempts to personally serve an eviction summons, you can post the summons on the tenant’s door, similar to residential evictions under Chapter 83. From there, the tenant has 5 days to answer or deposit the rent in the court’s registry.
If the tenant fails to comply, you’re entitled to seek a default judgment and regain possession of the lot. Attorney fees are also recoverable by the prevailing party, making it even more important to work with a qualified eviction attorney, such as Ryan S. Shipp, Esquire.
Evictions in Residential Properties
For landlords managing traditional residential properties, the Florida Residential Landlord and Tenant Act, Chapter 83, governs evictions. This law covers nonpayment of rent, lease violations, and illegal activities on the premises. Like mobile home evictions, the process involves providing tenants with proper notices and, if necessary, filing for eviction in court.
If you’re a landlord or property manager in Florida, understanding these eviction processes is vital to protecting your investment. At Law Office of Ryan S. Shipp, PLLC, we are here to help you every step of the way. Call us today at 561.699.0399 to discuss your case and learn how we can assist you in navigating the eviction process smoothly and legally. Our office is located in Lantana, Florida. We assist mobile home park property managers and owners throughout the State of Florida in all of Florida’s 67 Counties.
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