Mobile Home Lot Rent in Florida

With the coming of the new year, I have gotten more calls than usual from clients with questions about mobile home lot rent increases.  Mobile homes are a curious area of the law blending elements from landlord/tenant law and real property principles.  Florida lawmakers have attempted to protect mobile home owners and park owners by establishing a detailed statutory framework covering lot rent.  In this post, I will attempt to explain the steps that park owners must take and the things that mobile home owners should know as lot increases are proposed and go into effect.

To start, Florida law does not require that lot rental agreements be in writing.  Fla. Stat. §723.031(2) (2015). From the calls I have been getting, it is apparent to me that many mobile home owners get a written agreement from the park owner upon moving to the park but that park owners do not typically provide subsequent written agreements after the initial agreement has been terminated. When an agreement for lot rent is not made in writing, the duration of the agreement must be at least one year. Fla. Stat. §723.031(4) (2015). The practical effect of this statutory requirement is to provide mobile home owners with protection from a park owner who unilaterally changes the lot rent month to month. Such practices are prohibited by Florida law; lot rent changes may only occur once per year under an oral lot rent agreement.


Increases in lot rent amounts must be “reasonable”.  Fla. Stat. §723.033 (2015).  Courts have determined that reasonableness is to be determined by market rent factors and an examination of comparable mobile home parks with similar services, facilities, amenities, and managements.  Fla. Stat. §723.033(3) (2015); §723.033(5) (2015).  Courts also allow for lot rent increases supported by increases in the rate of inflation, increased costs of maintaining the park, increased taxes, pass-through charges from capital improvements, and the like.  Fla. Stat. §723.033(6) (2015).

Park owners must provide mobile home owners with written notice of all proposed increases at least ninety (90) days prior to the effective date of the increase.  Fla. Stat. §723.037(1) (2015).  There is no waiver of this statutory requirement through oral or written lease agreements.  Id.  Pass-through charges for capital improvements must be listed separately from other increases.  Id.  Park owners must file all increases imposed from the previous year with the state the following year.  Fla. Stat. §723.037(3) (2015).  Park owners must also hold information gathering meetings with the homeowners’ association (if one exists) or a committee up of to five (5) owners at least sixty (60) days prior to the rent increase.  Fla. Stat. §723.037 (2015).  If a majority of the affected mobile home owners object to the rent increase to the park owner in writing, the park owner and affected homeowners must submit to mediation to determine an equitable lot rent increase.  Fla. Stat. §723.037(5) (2015).

Florida law allows a park owner to terminate the lot rental agreement with a mobile home owner after at least five (5) days have passed after a written demand has been made for payment of rent due.  Fla. Stat. §723.061(1)(a) (2015).  After a court action has been brought against a mobile home owner for nonpayment of rent, the mobile home owner can have the action dismissed only by paying all past due amounts, including late fees, interest, and other charges.  Id.  Actions are brought by park owners in county court and are eligible for expedited summary procedure, meaning that actions proceed quickly once filed.  Fla. Stat. §723.061(3) (2015).  Park owners comply with the requirements for eviction and demand for past due rent if they post written notices on the mobile home and sent to the last known address of the owner by certified/registered mail with return receipt requested.  Fla. Stat. §723.061(4) (2015). After a judgment for nonpayment of rent and eviction has been entered against you, once ten (10) days have passed the court can issue a writ of possession to the park owner entitling the park owner to take possession of your mobile home and all personal property located on the lot.  Fla. Stat. §723.062 (2015).

A mobile home owner’s only defense to a nonpayment of rent / eviction action is a material noncompliance with the requirements of Chapter 723 (see the above requirements).  Fla. Stat. §723.063 (2015).  Before an owner can establish a defense, the owner must make a written demand to the park owner specifying the material noncompliance and providing the park owner seven (7) days to come into compliance with Florida law.  Id.  The written demand must also specify whether the mobile home owner is withholding rent, including a portion thereof.  Id. As I tell all of my clients, I highly recommend that mobile home owners obtain the assistance of counsel to prepare this written demand letter to ensure it meets statutory requirements.

Commonly with nonpayment of rent, my clients complain that the park owner or her agent has entered into their mobile home while the mobile home owner was away without the mobile home owner's permission. Under landlord/tenant law principles, a landlord may enter a tenant’s property without notice “[i]f the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.”  Fla. Stat. §83.53(2)(d) (2015). The best way to avoid entry by the park owner into your unit is to remain current on all lot rent payments and to inform your park owner in writing if you plan on being away for at least half of the periodic rental period. For example, if you pay lot rent monthly, inform your park owner in writing if you will be away for at least 15 days.

NEVER WITHHOLD LOT RENT AS A "NEGOTIATING TACTIC" TO "FORCE" YOUR PARK OWNER TO PROVIDE YOU WITH A WRITTEN LEASE. This is the most common mistake mobile home owners make. If you have a specific complaint against the park owner, obtain the advice of an attorney to determine your legal rights.