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Florida Statute 723.033 | Lawyer Caselaw & Research
F.S. 723.033 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 723
MOBILE HOME PARK LOT TENANCIES
View Entire Chapter
F.S. 723.033
723.033 Unreasonable lot rental agreements; increases, changes.
(1) If the court, as a matter of law, finds a mobile home lot rental amount, rent increase, or change, or any provision of the rental agreement, to be unreasonable, the court may:
(a) Refuse to enforce the lot rental agreement.
(b) Refuse to enforce the rent increase or change.
(c) Enforce the remainder of the lot rental agreement without the unreasonable provision.
(d) Limit the application of the unreasonable provision so as to avoid any unreasonable result.
(e) Award a refund or a reduction in future rent payments.
(f) Award such other equitable relief as deemed necessary.
(2) When it is claimed or appears to the court that a lot rental amount, rent increase, or change, or any provision thereof, may be unreasonable, the parties shall be afforded a reasonable opportunity to present evidence as to its meaning and purpose, the relationship of the parties, and other relevant factors to aid the court in making the determination.
(3) For the purposes of this section, a lot rental amount that is in excess of market rent shall be considered unreasonable.
(4) Market rent means that rent which would result from market forces absent an unequal bargaining position between mobile home park owners and mobile home owners.
(5) In determining market rent, the court may consider rents charged by comparable mobile home parks in its competitive area. To be comparable, a mobile home park must offer similar facilities, services, amenities, and management.
(6) In determining whether a rent increase or resulting lot rental amount is unreasonable, the court may consider economic or other factors, including, but not limited to, increases or decreases in the consumer price index, published by the Bureau of Labor Statistics of the Department of Labor; increases or decreases in operating costs or taxes; and prior disclosures.
(7) An arbitrator or mediator under ss. 723.037, 723.038, and 723.0381 shall employ the same standards as set forth in this section.
History.s. 1, ch. 84-80; s. 9, ch. 90-198.

F.S. 723.033 on Google Scholar

F.S. 723.033 on Casetext

Amendments to 723.033


Arrestable Offenses / Crimes under Fla. Stat. 723.033
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 723.033.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MUNAO, MUNAO, MUNAO MUNAO, d b a La v. HOMEOWNERS ASSOCIATION OF LA BUONA VITA MOBILE HOME PARK, INC., 740 So. 2d 73 (Fla. Dist. Ct. App. 1999)

. . . Buona Vita Mobile Home Park, claiming that the rent charged was unconscionable pursuant to section 723.033 . . . to unreasonable so that the complaint would comport with the amended statutory language of section 723.033 . . . Appellants contend, however, that the 1990 amendment to section 723.033 cannot be applied to this case . . . Stat. § 723.033(2)-(6) (Supp.1990). . . . There, the trial court ruled that section 723.033 was constitutional, and concluded that section 723.033 . . .

SANDPIPER HOMEOWNERS ASSOCIATION, INC. v. LAKE YALE CORP., 667 So. 2d 921 (Fla. Dist. Ct. App. 1996)

. . . Finally, Count IV requested declaratory relief, and any other equitable remedies pursuant to section 723.033 . . . (e) Award a refund or a reduction in future rent payments. § 723.033(1), Fla.Stat. (1993). . . . .

ASPEN- TARPON SPRINGS LIMITED PARTNERSHIP, v. STUART,, 635 So. 2d 61 (Fla. Dist. Ct. App. 1994)

. . . judgment determining the constitutionality of two provisions of “The Florida Mobile Home Act,” section 723.033 . . . The trial court found section 723.033 constitutional and section 723.061(2) unconstitutional, and denied . . . The park owners claimed that section 723.033 contains no meaningful guidance for determining whether . . . The answers filed by DBR and FMO asserted that section 723.033 “provides ample and adequate guidance . . . The trial court ruled that section 723.033 is constitutional. . . .

HOMEOWNER S CORPORATION OF RIVER TRAILS, v. SABA, Jr. d b a, 626 So. 2d 274 (Fla. Dist. Ct. App. 1993)

. . . response to a motion to dismiss, the trial court entered a partial final judgment declaring section 723.033 . . . Count I seeks a judicial determination under section 723.033 that the rent increase is unreasonable. . . . This proposed judgment contains various “findings” and declares section 723.033 unconstitutional on its . . . We are aware that another circuit court has upheld the constitutionality of section 723.033 after a three-day . . . In contrast, section 723.033(4), Florida Statutes (1991), on its face, does not require an owner to rent . . .

MLH PROPERTY MANAGERS, INC. v. COX,, 613 So. 2d 1358 (Fla. Dist. Ct. App. 1993)

. . . Appellees suggest that sections 723.033(1)- and (2), regarding the reasonableness of the rental increase . . . However, nowhere does 723.033 address the deposit provisions and indicate that they do not apply. . . .

PILGRIM L. T. G. R. L. S. A. E. L. v. CRESCENT LAKE MOBILE COLONY, INC. a, 582 So. 2d 649 (Fla. Dist. Ct. App. 1991)

. . . relief for the unconscionable rents for the years in question guided by the criteria set out in section 723.033 . . .

M. VANDER VOORT M. A. E. C. R. S. C. G. D. T. C. M. H. E. S. A. S. H. C. A. E. B. E. A. A. Cy D. M. A. G. R. B. Jr. R. J. S. A. C. v. INTERNATIONAL DEVELOPMENT HOLDING CORPORATION, a d b a, 579 So. 2d 887 (Fla. Dist. Ct. App. 1991)

. . . . § 723.033, Fla.Stat. (1985); Belcher v. . . .

BELCHER, d b a v. KIER,, 558 So. 2d 1039 (Fla. Dist. Ct. App. 1990)

. . . /mobile home owners, filed a complaint alleging the rents charged were unconscionable under section 723.033 . . . This is because the determination of con-scionability is a matter of law. § 723.033(1), Fla.Stat.1987 . . . Historically, chapter 723 contained the word “unconscionable” in section 723.033 in all its former versions . . . The sole basis of our holding is the legal issue of unconscionability under section 723.033. . . . . Section 723.033 provides: (1) If the court, as a matter of law, finds a mobile home lot rental agreement . . .

GEHMAN, v. GRAVIS,, 39 Fla. Supp. 2d 126 (Fla. Cir. Ct. 1990)

. . . charged by the defendant owners of the mobile home park are unconscionable in violation of Section 723.033 . . . Stat. 723.033 (1984 Supp.) the Court has the authority to determine if any provision of the mobile home . . .

COLONIAL ACRES MOBILE HOMEOWNERS ASSOCIATION, INC. v. L. WALLACH, d b a, 558 So. 2d 25 (Fla. Dist. Ct. App. 1989)

. . . The word “unconscionable” appears in section 723.033. . . .

LANCA HOMEOWNERS, INC. v. LANTANA CASCADE OF PALM BEACH, LTD., 541 So. 2d 1121 (Fla. 1988)

. . . Section 723.033(2), Florida Statutes (1985), which provides a cause of action for unconscionable rental . . .

KIER, v. BELCHER,, 28 Fla. Supp. 2d 86 (Fla. Cir. Ct. 1988)

. . . through 1988 are unconscionable and further seeks a declaration of plaintiffs’ rights pursuant to Section 723.033 . . . Section 723.033, Florida Statutes (1984), and its predecessor, Section 83.754, Florida Statutes (1983 . . .

B. J. PEARCE, v. DORAL MOBILE HOME VILLAS, INC., 521 So. 2d 282 (Fla. Dist. Ct. App. 1988)

. . . . § 723.033, Fla.Stat. (1987). . . .

VILLAGE PARK MOBILE HOME ASSOCIATION, INC. a v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES,, 506 So. 2d 426 (Fla. Dist. Ct. App. 1987)

. . . rental agreement (Section 723.031); (5) provisions for unconscionable lot rental agreements (Section 723.033 . . .

OFFNER, v. KELLER PARK INVESTORS, I, LTD., 19 Fla. Supp. 2d 140 (Fla. Cir. Ct. 1986)

. . . the owner-operator of the park, said complaint seeking relief under Florida Statutes 723.004(4) and 723.033 . . .

JONES, v. THOMAS,, 16 Fla. Supp. 2d 30 (Fla. Cir. Ct. 1986)

. . . Section 723.033, Florida Statutes (1984) and its predecessor, § 83.754, Florida Statutes (1983), authorize . . .

Mr. APPEL, v. SCOTT Mr. AHNFORS, v. SCOTT, 479 So. 2d 800 (Fla. Dist. Ct. App. 1985)

. . . mobile home lot rental agreements in violation of section 83.754 and its successor statute, section 723.033 . . .