Florida Mobile Home Eviction Protections: Your Rights Explained
If you own your mobile home but rent the lot it sits on in Florida, you have important legal protections against eviction. Florida law provides mobile homeowners with more notice and specific procedures than traditional apartment renters. This guide explains your eviction protections, key forms, and steps you can take when facing possible removal from a mobile home park.
Understanding Mobile Home Owner Rights in Florida
Mobile home owners who rent a lot in Florida are covered by the Florida Mobile Home Act (Chapter 723, Florida Statutes)[1]. This law sets out special rights for those who own their home but lease the land in a mobile home park, different from standard apartment or house renters. Key protections include longer notice periods, specific reasons required for eviction, and the right to challenge removals in court.
Grounds for Eviction
Florida law states that a mobile home park owner can only evict a homeowner for certain reasons, such as:
- Nonpayment of rent
- Violation of park rules stated in the lease
- Violating laws or posing a safety risk
- Failure to correct violations after proper notice
- The park is being changed/redeveloped (with extra notice)
Notice Requirements
Before filing an eviction, the park owner must give you written notice:
- Nonpayment of rent: At least 5 days' written notice.
- Rule violations: At least 7 days' written notice.
- Park closure or redevelopment: At least 6 months’ written notice.
These notices must outline what you did wrong, what you need to do to fix it, and the deadline.
Official Eviction Process
If you don’t resolve the issue by the deadline in the notice, the park owner can file an eviction lawsuit (called an "action for possession") in county court. Only a court can order your eviction and the removal of your home from the lot. You have the right to respond to the lawsuit and appear in court.
Your landlord cannot physically remove your mobile home or force you off the property without a court order. If this happens, contact law enforcement and legal aid immediately.
Key Forms Used in Mobile Home Eviction Cases
-
Complaint for Eviction (Form 7, used by park owners):
This is the form a landlord files with the court to start an eviction. It explains the reason for eviction and requests the judge issue a removal order. See the official Complaint for Eviction (Mobile Home Parks).
Example: If you miss rent and do not leave after notice, the owner may use this form to begin the court process. -
Answer to Eviction Complaint (Form 1.944):
Homeowners use this to respond to the eviction in court. You can state any defenses or reasons why you shouldn't be evicted. Official form: Defendant's Answer (Form 1.944).
Example: If you receive court papers, submit this form within the deadline (usually 5 days) to avoid a default. -
Notice of Termination of Rental Agreement:
This notice must be delivered by the park owner before filing a court case. There is no single statewide official template, but it must meet the writing and timing requirements of Florida Statutes 723.061.
Example: If you receive a 7-day notice for rule violation, use this time to correct the issue or seek legal advice.
Always keep copies of any notices, complaints, and your responses.
The Tribunal Handling Mobile Home Evictions in Florida
Eviction cases for mobile homeowners are handled by the Florida County Courts. You will receive court documents stating the date and location of any hearings.
Action Steps: What to Do If You Receive an Eviction Notice
If you receive a termination or eviction notice:
- Check the reason and the amount of notice given—verify it follows state law.
- Try to resolve the issue directly and in writing (e.g., pay unpaid rent, correct rule violation).
- If you get court papers, file your "Answer" with the court within 5 days using the official answer form.
- Attend all court hearings—failing to appear may result in automatic eviction.
- Seek help from legal aid or a county court self-help center if you have questions.
Responding quickly protects your right to stay in your home or to negotiate more time to move.
Eviction Protections Reference Legislation
Your protections are detailed in Florida Statutes, Chapter 723 – Mobile Home Park Lot Tenancies[1]. Familiarizing yourself with these rules helps you know what to expect and how to assert your rights.
Frequently Asked Questions
- How much notice does a mobile home park owner have to give before eviction in Florida?
For nonpayment of rent, at least 5 days. For rule violations, at least 7 days. For park closure, at least 6 months. - Can my landlord remove my mobile home without a court order?
No. Only the court can order an eviction and removal. The park owner cannot remove your home or force you to leave without first going through the court process. - What should I do if I receive an eviction lawsuit?
File your "Answer" with the county court within 5 days. State your side and any defenses. Attend your hearing or seek help from legal aid. - Where can I find official forms to respond to an eviction?
Official forms, including the Answer to Eviction Complaint (Form 1.944), are provided on the Florida Courts website.
Key Takeaways
- Mobile home owners in Florida renting lots have special eviction protections set by state law.
- Landlords must provide proper written notice and follow specific legal steps before eviction.
- You have the right to a court hearing and to defend yourself—using official forms improves your chances.
Need Help? Resources for Renters
- Florida Bar – Consumer Pamphlet on Mobile Home Law
- Florida State Courts: Self-Help Center
- Florida Department of Business & Professional Regulation – Mobile Home Complaint Information
- Florida Mobile Home Act – Full Text
- Contact Florida Legal Services for renter legal help
- See Florida Statutes, Chapter 723 for all mobile home owner eviction protections.
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