Mobile Home Landlord & Tenant Rights in Florida
Chapter 83 of the Florida Code governs the landlord and tenant relationship in mobile parks where tenants use their own homes to live in but rent a space from the park owner. Section 723 of the 2006 Florida Statutes governs mobile home landlords who rent more than 10 mobile homes in their parks.
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Basic Rights of All Florida Tenants
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All Florida tenants, regardless of whether they reside in recreational vehicles, mobile parks, apartments or single-family homes, have many of the same legal rights.Tenants have a right to private and peaceful possession of their homes without undue interference from their landlords. Landlords may enter a tenant's home for necessary repairs after first providing reasonable notice. Landlords may enter private recreational vehicles and mobile homes if they provide notice and obtain their tenant's consent. Landlords may enter without notice and consent if there is an emergency that poses a safety threat.
Lease Laws
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Mobile home park landlords and their tenants must enter into lease agreements with a term of at least one year. Landlords who enter into oral agreements with tenants must also comply with the one-year lease law. However, under Florida law, park owners can enter into shorter lease agreements if the park owner's rental contracts with all of the owner's tenants were designed to begin and end at the same time.
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Rent and Fees
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Mobile home park landlords cannot charge park fees or entrance fees without posting the charges in a conspicuous area. Landlords may not increase rent during the one-year period, and if the landlord increases rent after the one-year term, then the landlord must provide at least 60 days' written notice to the tenant of the rental increase and provide tenants with an option to terminate their leases after one-year or pay the new rental fees under a new agreement. Mobile home landlords cannot charge tenants an exiting fee for legally terminating their agreements after one year. Landlords must charge tenants the same fees when renting similar lots or mobile homes.
Appliances and Signage
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Tenants have rights to purchase new appliances so long as they comply with local codes and ordinances. Tenants have legal rights to place "for sale" signs on the mobile homes they own as long as they comply with local ordinances. Landlords may not require tenants to pay a landlord sales commissions when tenants sell their own homes.
Considerations
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Since real estate laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
- The 2006 Florida Statutes: Chapter 723: Mobile Home Park Lot Tenancies
- The 2006 Florida Statutes: Chapter 723: Mobile Home Park Lot Tenancies -- 723.031 Mobile Home Lot Rental Agreements
- Florida Department of Business Professional Regulation: Division of Florida Condominiums, Timeshares, and Mobile Homes: Frequently Asked Questions -- Mobile Homes
- Photo Credit un mobil-home image by Gilles Paire from Fotolia.com