Mobile Home Park Evictions
Under Florida Law, Mobile Home Parks are regulated by a separate and distinct set of statutes than the one regulating all other landlord-tenant relations. Mobile home park owners and mobile home park eviction attorneys must be aware of the specific law governing mobile home park evictions. Florida Statutes Section 723.061 et seq regulates evictions for mobile home parks and lists the specific grounds upon which a mobile home park owner may evict a mobile home park tenant. There are five enumerated grounds under which a mobile home park owner can evict a mobile home lot tenant. It is imperative to first figure out whether the eviction falls under Chapter 83 or Chapter 723 of the Florida Statutes. A knowledgeable mobile home park eviction attorney should be consulted before deciding which set of statutes governs the legal relationship between the parties. Once it is decided that Chapter 723 of the Florida statutes applies, a knowledgeable and experienced mobile home park eviction attorney can commence the mobile home park eviction. Chapter 723 of the Florida statutes enumerates very specific grounds under which a mobile home park owner can evict a mobile home park tenant, those grounds are as follows:
- The Mobile Home Park Tenant Fails To Pay Lot Rent. If a tenant of a mobile home park does not pay the lot rent when due, the owner of the mobile home park can evict the tenant. To do so the mobile home park owner must first deliver a written demand for payment. This demand must be in the form of a five (5) day notice to pay rent or vacate. The Notice must be delivered via certified mail, return receipt requested, and posted at a conspicuous place on the property in the mobile home tenant’s absence. If payment is not received within five days from delivering such written notice, a complaint for eviction can be filed in the County court where the mobile home park is located. If the complaint includes a count for money damages and such damages exceed $15000 exclusive of attorneys fees, interest and costs, then the mobile home park owner may file the lawsuit in Circuit Court.
- The Mobile Home Park Tenant is Convicted for Violating the Law. If a mobile home park tenant is convicted for violating a federal or state law or a local ordinance, and the violation damages the health, safety, or welfare of the other residents of the mobile home park, the mobile home park owner, on its owner or through its mobile home park eviction attorney, can file a lawsuit to evict the mobile home park tenant from the mobile home park. The owner of the mobile home park must first deliver a seven-day notice to vacate, stating, with specificity, the laws violated and how said violations adversely affect the health, safety, or welfare of the other tenants of the mobile home park.
- The Mobile Home Park Tenant Violates the Rules and Regulations Governing the Mobile Home Park. If a mobile home owner or tenant violates a rule or regulation of the park, or of the rental agreement, the mobile home owner or tenant can be evicted. In such a case, Florida law draws a distinction between the first violation and the second violation. If it is the first time the mobile home owner or park tenant violates a rule or regulation, and the violation is found to be a danfer to the life, health, safety, or property of the other residents of the mobile home park, then the mobile home park owner can terminate the lease agreement after serving the tenant with a seven-day notice in accordance with the statute. If a tenant receives a second notice for the same violation within 30 days from the first notice, the mobile home park owner can terminate the lease agreement after providing a seven-day notice of the non-compliance. A second violation is considered an unequivocal ground for eviction and the tenant cannot cure the violation, as he or she may be able to do after being provided with the first notice.
- Change in land use. The fourth ground for eviction is when the mobile home park changes, voluntarily or involuntarily, the way the land upon which the mobile homes are located is used (for instance, a change in use from rental property to agricultural property).
- The Mobile Home Park Resident Fails to Obtain Residency Approval from the Mobile Home Park. If a prospective mobile home tenant is already living on the lot within the mobile home park but his lease agreement is subject to approval for occupancy by the Mobile Home Park Owner, and the approval is required by the rules of the park to become a tenant, the prospective mobile home park tenant may be evicted after the mobile home park owner provides the mobile home lot tenant with a seven-day notice stating its intent to evict the mobile home tenant for failing to obtain park approval.
It is always prudent to consult with a legal professional for before commencing a mobile home park eviction. At Edelboim Lieberman Revah Oshinsky our mobile home park eviction lawyers have the knowledge, experience and expertise to properly advise mobile park owners with all matters affecting the mobile home park.