Florida Statutes

Fla. Stat. § 723.021 (2025)

Obligation of good faith and fair dealings.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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723.021 Obligation of good faith and fair dealings.—Every rental agreement or duty within this chapter imposes an obligation of good faith and fair dealings in its performance or enforcement. Either party to a dispute under this chapter may seek an order finding the other party has not complied with the obligations of good faith and fair dealings. Upon such a finding, the court shall award reasonable costs and attorney’s fees to the prevailing party for proving the noncompliance.

History.—s. 1, ch. 84-80; s. 1, ch. 97-291.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1987–2022 · leading case: Vill. Park Mobile Home Ass'n Inc. v. State, Dept. of Bus., 506 So. 2d 426 (Fla. 1st DCA 1987).

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Vill. Park Mobile Home Ass'n Inc. v. State, Dept. of Bus., 506 So. 2d 426 (Fla. 1st DCA 1987). · cites it 3× “As required by Section 723.021, Florida Statutes (1983), the prospectus gives an explanation of the manner in which rents and other charges will be raised, including 90 days' advance notice and disclosure of any rate increase or pass-through charges, and any other fees, costs or…”

Harris v. Martin Regency, Ltd., 576 So. 2d 1294 (Fla. 1991). · cites it 3× “" § 723.021, Fla. Stat. (1985). Thus, even if a park owner offered a facially legitimate reason for eviction, the eviction may be voided if the mobile home owners can prove the park owner acted in bad faith.”

Gallo v. Celebration Pointe Townhomes, Inc., 972 So. 2d 992 (Fla. 4th DCA 2008). · cites it 5× “" § 723.021, Fla. Stat. (2005). In its pleading opposing the complaint, Celebration contended that section 723.”

Harris v. Martin Regency, Ltd., 550 So. 2d 1160 (Fla. 4th DCA 1989). · cites it 2× “061(l)(d), and; that genuine issues of material fact remain unresolved regarding appellee, the park owner’s, breach of the statutory duties of good faith and fair deal *1161 ing contained in section 723.021, Florida Statutes (1985).”

Bahrakis v. Zimmerman (M.D. Fla. 2020). · cites it 2× “Fla. Stat. § 723.021 ; see also Fla. Stat.”

Friedel v. Sun Communities, Inc. (S.D. Fla. 2022). “A more specific provision in Chapter 723 governs claims for the breach of the obligation of good faith and fair dealing, § 723.021, which also provides for an award of attorney’s fees to a prevailing party and reads as follows: Every rental agreement or duty within this chapter…”

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