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Understanding Florida Statute 723.002: A Guide for Mobile Home Park Owners

Understanding Florida Statute 723.002

Understanding Florida Statute 723.002

Understanding Florida Statute 723.002
Understanding Florida Statute 723.002

As a Florida mobile home park owner or property manager of a mobile home park, you’re likely familiar with the complexities of managing tenancies. One of the most important laws you need to understand is Florida Statute 723.002, which governs the application of Chapter 723, Florida’s law on Mobile Home Lot Tenancies. This statute outlines when Chapter 723 protections apply to your tenants and when other statutes, such as the Florida Residential Landlord and Tenant Act, come into play. As Florida eviction attorneys, Law Office of Ryan S. Shipp, PLLC, knows how important it is to know how this law works, so you can help avoid legal disputes and maintain good relationships with your residents. Let’s take a closer look at how the law impacts park owners and review key court decisions that clarify its scope.

When Does Chapter 723 Apply?

Florida Statute 723.002 makes it clear that Chapter 723 applies to mobile home parks where 10 or more lots are rented or leased to residents who own their mobile homes. As a park owner, this means that if you rent out lots in your park, the tenants who own their mobile homes are protected by Chapter 723. This law offers specific rights to mobile home owners, such as protections related to rent increases, evictions, and the maintenance of common areas.

It’s important to note that this statute applies only when the residents own the mobile home and are simply renting the lot. If you’re renting both the mobile home and the lot to a tenant, different rules come into play under Chapter 83, Part II, Florida’s Residential Landlord and Tenant Act.

What Happens If Your Park Has Fewer Than 10 Lots?

For mobile home parks that offer fewer than 10 lots for rent, Chapter 723 does not apply. In these cases, the landlord-tenant relationship is governed by Chapter 83. However, if your park originally had 10 or more lots when the tenancy began, the protections of Chapter 723 will continue to apply even if the number of available lots drops below 10 over time. This ensures that mobile home owners do not lose their rights simply because the park size decreases.

Exemptions To Chapter 723

Not all mobile home arrangements fall under Chapter 723. If your park offers spaces for recreational vehicles (RVs) or other temporary housing, such as park trailers designed for short-term stays, those rentals are not governed by Chapter 723. Instead, these tenants fall under the rules of Chapter 83. The distinction between mobile homes and RVs is important for park owners to understand, as the legal obligations differ depending on the type of unit being rented.

Special Considerations For Mobile Home Subdivisions
And Park Trailers

In addition to traditional mobile home parks, Florida Statute 723.002 also applies to mobile home subdivisions. If your park operates in a subdivision format or includes lots for park trailers, certain sections of Chapter 723 will still apply. This is something to keep in mind if your business involves more than just renting lots for mobile homes.

Why Understanding Florida Statute 723.002 Matters

For mobile home park owners, understanding Florida Statute 723.002 is essential to running a successful and legally compliant operation. This statute ensures that mobile home owners who rent lots in parks with 10 or more spaces are protected by Chapter 723, giving them rights related to rent, eviction, and park maintenance. By familiarizing yourself with these regulations, you can better navigate your responsibilities as a landlord and avoid potential legal disputes.

Knowing when Chapter 723 applies—and when it doesn’t—can help you manage your park more efficiently and ensure that you’re meeting the legal obligations required under Florida law. As always, staying informed about the rules that apply to your specific situation will help you maintain a positive relationship with your tenants and keep your park running smoothly.

As a park owner, ensuring that you comply with the right set of rules will protect you from potential legal disputes and ensure that your tenants are treated fairly under the law. By staying informed about the latest developments in mobile home tenancy law, you can make better decisions that benefit both your business and your residents. Law Office of Ryan S. Shipp, PLLC, represents mobile home parks and recreational vehicle parks, throughout all of Florida’s 67 Counties. Call us today @ 561.699.0399 to learn more.

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