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Mobile Home Park Law in Florida

Florida Mobile Home Parks

In Florida, there are two basic mobile home park ownership structures: 1) mobile home parks where a single owner or entity (i.e., corporation or partnership) owns the land comprising the mobile home park and leases the individual lots to tenants;2) resident-owned mobile home parks where each mobile home owner owns his or her own lot (a mobile home subdivision) or a share of the corporation that owns the mobile home park (a mobile home cooperative).

If the mobile home owner is a tenant and leases his or her lot from the park owner, the landlord-tenant relationship is governed by Chapter 723 of the Florida Statutes, Chapter 61B of the Florida Administrative Code, the Prospectus and rules and regulations governing the community, and the individual lease agreement between the park owner and tenant. Resident-owned communities are governed by either Chapter 719 or Chapter 720 and the documents governing the Association.

Our Firm can provide advice to guide you through the operation of your mobile home park. We have the experience and personal touch to guide you to the best possible course of action, and we pride ourselves on offering honest advice and accurate information. Call us today at (800) 896-3619.

For more information on how we can assist you in the legal and administrative aspects of operating mobile home parks, please contact us today. We're happy to serve clients in Sarasota, Manatee, Pinellas, Hillsborough, Charlotte, Lee, Desoto, Polk, Hardee and Highlands and throughout the state of Florida. For real solutions to your real estate problems, the trusted choice is The Edwards Law Firm, PL.

The prospectus in a mobile home park is the most significant document that governs the landlord-tenant relationship between the park owner and the mobile home owner. The prospectus or offering circular together with its exhibits is a disclosure document intended to afford protection to homeowners and prospective homeowners in the mobile home park. The purpose of the document is to disclose the representations of the mobile home park owner concerning the operations of the mobile home park.

Pursuant to Chapter 723, the prospectus discloses several terms of a tenant’s occupancy including:

  • (a) The name and address or location of the mobile home park.
  • (b) The name and address of the person authorized to receive notices and demands on the park owner’s behalf.
  • (c) A description of the mobile home park property, including, the number of lots in each section, the approximate size of each lot, the setback requirements, and the minimum separation distance between mobile homes as required by law.
  • (d) A description of the recreational and other common facilities, if any, that will be used by the mobile home owners, including, but not limited to:
    • (1) The number of buildings and each room thereof and its intended purposes, location, approximate floor area, and capacity in numbers of people.
    • (2) Each swimming pool, as to its general location, approximate size and depths, and approximate deck size and capacity and whether heated.
    • (3) All other facilities and permanent improvements which will serve the mobile home owners.
    • (4) A general description of the items of personal property available for use by the mobile home owners.
    • (5) A general description of the days and hours that facilities will be available for use.
    • (6) A statement as to whether all improvements are complete and, if not, their estimated completion dates.
  • (e) The arrangements for management of the park and maintenance and operation of the park property and of other property that will serve the mobile home owners and the nature of the services included.
  • (f) A description of all improvements, whether temporary or permanent, which are required to be installed by the mobile home owner as a condition of his or her occupancy in the park.
  • (g) The manner in which utility and other services, including, but not limited to, sewage and waste disposal, cable television, water supply, and storm drainage, will be provided, and the person or entity furnishing them. The services and the lot rental amount or user fees charged by the park owner for the services provided by the park owner shall also be disclosed.
  • (h) An explanation of the manner in which the lot rental amount will be raised, including, disclosure of any factors which may affect the lot rental amount, including, but not limited to:
    • 1. Water rates.
    • 2. Sewer rates.
    • 3. Waste disposal rates.
    • 4. Maintenance costs, including costs of deferred maintenance.
    • 5. Management costs.
    • 6. Property taxes.
    • 7. Major repairs or improvements.
    • 8. Any other fees, costs, entrance fees, or charges to which the mobile home owner may be subjected.
  • (i) Disclosure of the manner in which the pass-through charges will be assessed.
  • (j) Disclosure of all user fees currently charged for services offered which the homeowner may elect to incur and the manner in which the fees will be increased.
  • (k) The park rules and regulations and an explanation of the manner in which park rules or regulations will be set, changed, or promulgated.
  • (l) Copies of the following, to the extent they are applicable, as exhibits:
    • (1) The ground lease or other underlying leases of the mobile home park or a summary of the contents of the lease or leases when copies of the same have been filed with the division.
    • (2) A copy of the mobile home park lot layout showing the location of the recreational areas and other common areas.
    • (3) All covenants and restrictions and zoning which will affect the use of the property and which are not contained in the foregoing.
    • (4) A copy of the rental agreement or agreements to be offered for rental of mobile home lots.

In a mobile home park containing 26 or more lots, the park owner must file a prospectus with the DBPR. Prior to entering into an enforceable rental agreement for a mobile home lot, the park owner shall furnish a copy of the prospectus or offering circular together with all of the exhibits thereto to each prospective lessee. Delivery shall be made prior to execution of the lot rental agreement or at the time of occupancy, whichever occurs first. Upon delivery of a prospectus to a prospective lessee, the lot rental agreement is voidable by the lessee for a period of 15 days. However, the park owner is not required to furnish a copy of the prospectus or offering circular if the tenancy is a renewal of a tenancy and the mobile home owner has previously received the prospectus or offering circular.

A mobile home park owner who enters into a rental agreement in which a prospectus is not provided shall give written notification to the mobile home owner of the following information prior to occupancy:

  • The nature and type of zoning under which the mobile home park operates; the name of the zoning authority which has jurisdiction over the land comprising the mobile home park; and a detailed description containing all information available to the mobile home park owner, including the time, manner, and nature, of any definite future plans which he or she has for future changes in the use of the land comprising the mobile home park or a portion thereof.
  • The name and address of the mobile home park owner or a person authorized to receive notices and demands on his or her behalf.
  • All fees and charges, assessments, or other financial obligations not included in the rental agreement and a copy of the rules and regulations in effect.

Our Firm can provide advice to guide you through the operation of your mobile home park. We have the experience and personal touch to guide you to the best possible course of action, and we pride ourselves on offering honest advice and accurate information.

For more information on how we can assist you in the legal and administrative aspects of operating mobile home parks, please contact us today. We're happy to serve clients in Sarasota, Manatee, Pinellas, Hillsborough, Charlotte, Lee, Desoto, Polk, Hardee and Highlands and throughout the state of Florida. For real solutions to your real estate problems, the trusted choice is The Edwards Law Firm, PL.

Mobile Home Owner and Park Owner Obligations

It is unlawful for a mobile home park owner to discriminatorily increase a home owner’s rent or discriminatorily decrease services to a home owner, or to bring or threaten to bring an action for possession or other civil action, primarily because the park owner is retaliating against the home owner. In order for the home owner to raise the defense of retaliatory conduct, the home owner must have acted in good faith and not for any improper purposes, such as to harass or to cause unnecessary delay or for frivolous purpose or needless increase in the cost of litigation.

A mobile home owner shall at all times:

  • Comply with all obligations imposed on mobile home owners by applicable provisions of building, housing, and health codes.
  • Keep the mobile home lot which he or she occupies clean and sanitary.
  • Comply with properly promulgated park rules and regulations and require other persons on the premises with his or her consent to comply therewith and to conduct themselves in a manner that does not unreasonably disturb other residents of the park or constitute a breach of the peace.

A mobile home park owner shall at all times:

  • Comply with the requirements of applicable building, housing, and health codes.
  • Maintain buildings and improvements in common areas in a good state of repair and maintenance and maintain the common areas in a good state of appearance, safety, and cleanliness.
  • Provide access to the common areas, including buildings and improvements thereto, at all reasonable times for the benefit of the park residents and their guests.
  • Maintain utility connections and systems for which the park owner is responsible in proper operating condition.
  • Comply with properly promulgated park rules and regulations and require other persons on the premises with his or her consent to comply therewith and conduct themselves in a manner that does not unreasonably disturb the park residents or constitute a breach of the peace.

Examples of conduct for which the park owner may not retaliate include, but are not limited to, situations where:

  • The home owner has in good faith complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the mobile home park
  • The home owner has organized, encouraged, or participated in a homeowners’ organization; or
  • The home owner has complained to the park owner for failure to comply with s. 723.022.

Additionally, by statute, every rental agreement or duty of the park owner or homeowner also imposes an obligation of good faith and fair dealings in its performance or enforcement. Our Firm can provide advice to guide you through the operation of your mobile home park. We have the experience and personal touch to guide you to the best possible course of action, and we pride ourselves on offering honest advice and accurate information.

For more information on how we can assist you in the legal and administrative aspects of operating mobile home parks, please contact us today. We're happy to serve clients in Sarasota, Manatee, Pinellas, Hillsborough, Charlotte, Lee, Desoto, Polk, Hardee and Highlands and throughout the state of Florida. For real solutions to your real estate problems, the trusted choice is The Edwards Law Firm, PL.

Mobile Home Park Evictions

A mobile home park owner may evict a mobile home owner, a mobile home tenant, a mobile home occupant, or a mobile home only on one or more of the following 5 grounds:

  • Nonpayment of lot rental amount. If a mobile home owner or tenant, whichever is responsible, fails to pay the lot rental amount when due and if the default continues for 5 days after delivery of a written demand by the mobile home park owner for payment of the lot rental amount, the park owner may terminate the tenancy.

  • Conviction of a violation of a federal or state law or local ordinance, which violation may be deemed detrimental to the health, safety, or welfare of other residents of the mobile home park. The mobile home owner or mobile home tenant will have 7 days from the date that notice to vacate is delivered to vacate the premises. This paragraph shall be grounds to deny an initial tenancy of a purchaser of a home pursuant to paragraph (e) or to evict an unapproved occupant of a home.
  • Violation of a park rule or regulation, the rental agreement, or Chapter 723, but, no properly promulgated rule or regulation may be arbitrarily applied and used as a ground for eviction. Notice of a first violation of any park rule or regulation, the rental agreement or Chapter 723 must provide 7 days for cure of the violation. If the violation is not cured within the 7 day period, or if a second violation of the same park rule or regulation, the rental agreement or provision of Chapter 723 is committed by the tenant within 1 year, the tenancy shall be terminated and 30 days notice shall be given for the tenant to vacate the community.
  • Change in use of the land comprising the mobile home park, or the portion thereof from which mobile homes are to be evicted, from mobile home lot rentals to some other use, provided all tenants affected are given at least 6 months’ notice of the projected change of use and of their need to secure other accommodations.
  • Failure of the purchaser, prospective tenant, or occupant of a mobile home situated in the mobile home park to be qualified as, and to obtain approval to become, a tenant or occupant of the home, if such approval is required by a properly promulgated rule. If a purchaser or prospective tenant of a mobile home situated in the mobile home park occupies the mobile home before approval is granted, the mobile home owner or mobile home tenant shall have 7 days from the date the notice of the failure to be approved for tenancy is delivered to vacate the premises.

Pursuant to Chapter 723, a mobile home owner, a mobile home tenant, a mobile home occupant, or a mobile home may be evicted for only 1 of these 5 grounds. Any notice required by this section must be in writing, and must be posted on the premises and sent to the mobile home owner and tenant or occupant, as appropriate, by certified or registered mail, return receipt requested, addressed to the mobile home owner and tenant or occupant, as appropriate, at her or his last known address. Delivery of the mailed notice shall be deemed given 5 days after the date of postmark.

Our Firm can provide advice to guide you through the operation of your mobile home park. We have the experience and personal touch to guide you to the best possible course of action, and we pride ourselves on offering honest advice and accurate information.

For more information on how we can assist you in the legal and administrative aspects of operating mobile home parks, please contact us today. We're happy to serve clients in Sarasota, Manatee, Pinellas, Hillsborough, Charlotte, Lee, Desoto, Polk, Hardee and Highlands and throughout the state of Florida. For real solutions to your real estate problems, the trusted choice is The Edwards Law Firm, PL.

Fair Housing Act

Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status(including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).

What Is Prohibited?

In the Sale and Rental of Housing: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:

  • Refuse to rent or sell housing
  • Refuse to negotiate for housing
  • Make housing unavailable
  • Deny a dwelling
  • Set different terms, conditions or privileges for sale or rental of a dwelling
  • Provide different housing services or facilities
  • Falsely deny that housing is available for inspection, sale, or rental
  • For profit, persuade owners to sell or rent (blockbusting) or
  • Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.

In Florida, the highest number of violations of the Fair Housing Act occur as a result of discrimination based upon familial status (or discrimination based upon age). Unless a community qualifies as Housing for Older Persons, it may not discriminate based on familial status.

That is, it may not discriminate against families in which one or more children under 18 live with:

  • A parent, or a person who has legal custody of the child or children, or
  • The designee of the parent or legal custodian, with the parent or custodian's written permission.
  • Familial status protection also applies to pregnant women and anyone securing legal custody of a child under 18.

Exemption - Housing for older persons is exempt from the prohibition against familial status discrimination if:

  • The HUD Secretary has determined that it is specifically designed for and occupied by elderly persons under a Federal, State or local government program, or
  • It is occupied solely by persons who are 62 or older, or
  • It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates an intent to house persons who are 55 or older.

In order for a housing facility or community to qualify as housing for persons 55 years of age or older, it must be able to produce reliable census, surveys and/or affidavits in response to any Fair Housing Act complaint.

Prohibition against Discrimination Against Disabled Persons in Housing

The Fair Housing Act also requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. For example, a landlord with a “no pets” policy may be required to grant an exception to this rule and allow an individual who is blind to keep a service dog in the residence.

The HUD’s regulations do not provide a specific definition of the term ‘‘service animal.’’ The use of assistive animals, also referred to as ‘‘service animals’’, ‘‘support animals’’, “assistance animals,’’, “comfort animals” or ‘‘therapy animals,’’ is governed by reasonable accommodation law.

To show that a requested accommodation may be necessary, there must be an identifiable relationship, or nexus, between the requested accommodation and the person’s disability. Thus, in the case of assistance/service animals, an individual with a disability must demonstrate a nexus between his or her disability and the function the service animal provides. HUD’s position has been that animals necessary as a reasonable accommodation do not necessarily need to have specialized training. Some animals perform tasks that require training, and others provide assistance that does not require training.

Housing providers are entitled to verify the existence of the disability, and the need for the accommodation - if either is not readily apparent. Accordingly, persons who are seeking a reasonable accommodation for an emotional support animal may be required to provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides support that alleviates at least one of the identified symptoms or effects of the existing disability. In addition, housing providers are not required to provide any reasonable accommodation that would pose a direct threat to the health or safety of others. Thus, if the particular animal requested by the individual with a disability has a history of dangerous behavior, the housing provider does not have to accept the animal into the housing. Moreover, a housing provider is not required to make a reasonable accommodation if the presence of the assistance animal would (1) result in substantial physical damage to the property of others unless the threat can be eliminated or significantly reduced by a reasonable accommodation; (2) pose an undue financial and administrative burden; or (3) fundamentally alter the nature of the provider’s operations.

Our Firm can provide advice to guide you through the operation of your mobile home park. We have the experience and personal touch to guide you to the best possible course of action, and we pride ourselves on offering honest advice and accurate information.

For more information on how we can assist you in the legal and administrative aspects of operating mobile home parks, please contact us today. We're happy to serve clients in Sarasota, Manatee, Pinellas, Hillsborough, Charlotte, Lee, Desoto, Polk, Hardee and Highlands and throughout the state of Florida.

For real solutions to your real estate problems, the trusted choice is The Edwards Law Firm, PL. Call our Sarasota office today!

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