Florida Statute 723.033 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 723
MOBILE HOME PARK LOT TENANCIES

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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.

(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

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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 Citing Statute 723.033

Total Results: 20

NAPLES ESTATES LIMITED PARTNERSHIP v. PAMELA MUSTON

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-10T00:53:00-07:00

Snippet: finding that the rate was unreasonable. Section 723.033(1) authorizes the trial court to refuse to enforce…However, the amount is only unreasonable under 723.033(3) if it "is in excess of market rent."…requirements for raising rent. See generally §§ 723.033, .037, and .038, Fla. Stat. (2007). This

Munao, Munao, Munao v. Homeowners Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 1999-07-14T00:53:00-07:00

Citation: 740 So. 2d 73

Snippet: significantly from section 723.033, Florida Statutes (Supp.1990). Section 723.033 provides: (2) When it is… ruled that section 723.033 was constitutional, and concluded that section 723.033 "contains sufficient…trial] court read sections 723.033(3)-(5) in pari materia with section 723.033(6) and rejected the park …charged was unconscionable pursuant to section 723.033, Florida Statutes (1989), because appellants reduced…with the amended statutory language of section 723.033, Florida Statutes (Supp.1990). The trial court

Sandpiper Homeowners Ass'n v. Lake Yale

Court: Fla. Dist. Ct. App. | Date Filed: 1996-02-08T23:53:00-08:00

Citation: 667 So. 2d 921

Snippet: any other equitable remedies pursuant to section 723.033, Florida Statutes (1993).[3] Within the body of…refund or a reduction in future rent payments. § 723.033(1), Fla.Stat. (1993). [4] Like the entities in

Aspen-Tarpon Springs Ltd. v. Stuart

Court: Fla. Dist. Ct. App. | Date Filed: 1994-01-17T23:53:00-08:00

Citation: 635 So. 2d 61

Snippet: the court read sections 723.033(3)-(5) in pari materia with section 723.033(6) and rejected the park …provisions of 723.033. But since the park owners did not prevail in their challenge of 723.033, this assertion…quot;The Florida Mobile Home Act," section 723.033, Florida Statutes (Supp. 1990), and section 723.061…Statutes (1989). The trial court found section 723.033 constitutional and section 723.061(2) unconstitutional… are leased by the mobile home owners. Section 723.033 authorizes relief when the court finds "a

Homeowner's Corp. v. Saba

Court: Fla. Dist. Ct. App. | Date Filed: 1993-10-29T00:00:00-07:00

Citation: 626 So. 2d 274, 1993 Fla. App. LEXIS 10982, 1993 WL 435898

Snippet: entered a partial final judgment declaring section 723.033, Florida Statutes (1991), facially unconstitutional…I seeks a judicial determination under section 723.033 that the rent increase is unreasonable. Counts …contains various “findings” and declares section 723.033 unconstitutional on its face under the right to…court has upheld the constitutionality of section 723.033 after a three-day trial. See Aspen-Tarpon Springs…unusually high market prices. In contrast, section 723.033(4), Florida Statutes (1991), on its face, does

MLH Property Managers, Inc. v. Cox

Court: Fla. Dist. Ct. App. | Date Filed: 1993-02-17T00:00:00-08:00

Citation: 613 So. 2d 1358, 1993 Fla. App. LEXIS 1844, 1993 WL 36266

Snippet: 723.063 apply. Appellees suggest that sections 723.033(1)- and (2), regarding the reasonableness of the…under section 723.063(2). However, nowhere does 723.033 address the deposit provisions and indicate that

Voort v. International Development & Holding Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-24T00:00:00-07:00

Citation: 579 So. 2d 887, 1991 Fla. App. LEXIS 4752, 1991 WL 85558

Snippet: question of law to be determined by the court. *889§ 723.033, Fla.Stat. (1985); Belcher v. Kier, 558 So.2d 1039

Pilgrim v. Crescent Lake Mobile Colony, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-24T00:00:00-07:00

Citation: 582 So. 2d 649, 1991 Fla. App. LEXIS 4758, 1991 WL 85544

Snippet: question guided by the criteria set out in section 723.033, Florida Statutes. As the appellee is no longer

Belcher v. Kier

Court: Fla. Dist. Ct. App. | Date Filed: 1990-02-02T00:00:00-08:00

Citation: 558 So. 2d 1039

Snippet: rents charged were unconscionable under section 723.033 Florida Statutes (1985). By the time of the trial…determination of conscionability is a matter of law. § 723.033(1), Fla. Stat. 1987)[7]; Garrett v. *1044 Janiewski…the word "unconscionable" in section 723.033 in all its former versions. Indeed, this section…legal issue of unconscionability under section 723.033. [3] The actual rents for each year and the percentage… workable and proper interpretation of section 723.033 in avoiding an unconscionable result by refusing

Colonial Acres Mobile Homeowners Ass'n v. Wallach

Court: Fla. Dist. Ct. App. | Date Filed: 1989-04-18T00:00:00-07:00

Citation: 558 So. 2d 25, 14 Fla. L. Weekly 978, 1989 Fla. App. LEXIS 2115, 1989 WL 36169

Snippet: .3 The word “unconscionable” appears in section 723.033. That provision empowers the court to refuse enforcement

Lanca Homeowners, Inc. v. Lantana Cascade of Palm Beach, Ltd.

Court: Fla. | Date Filed: 1988-09-22T00:53:00-07:00

Citation: 541 So. 2d 1121

Snippet: review denied, 408 So.2d 1094 (Fla. 1981). Section 723.033(2), Florida Statutes (1985), which provides a cause

Pearce v. Doral Mobile Home Villas, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1988-03-03T23:53:00-08:00

Citation: 521 So. 2d 282

Snippet: provision thereof which it deems unconscionable. § 723.033, Fla. Stat. (1987). Although the legal concept

Village Park Mobile Home Ass'n Inc. v. State, Dept. of Business

Court: Fla. Dist. Ct. App. | Date Filed: 1987-05-08T00:00:00-07:00

Citation: 506 So. 2d 426

Snippet: unconscionable lot rental agreements (Section 723.033); (6) mediation or arbitration provisions concerning

Ago

Court: Fla. Att'y Gen. | Date Filed: 1987-04-14T00:53:00-07:00

Snippet: F.S. [1986 Supp.], 723.032, F.S. [1986 Supp.], 723.033, F.S.); right of mobile home owners to peaceably

Appel v. Scott

Court: Fla. Dist. Ct. App. | Date Filed: 1985-12-05T23:53:00-08:00

Citation: 479 So. 2d 800

Snippet: section 83.754 and its successor statute, section 723.033. Therefore, the tenants are entitled to a judgment

Whyel v. Smith

Court: Fla. | Date Filed: 1931-02-25T00:00:00-08:00

Citation: 134 So. 552, 101 Fla. 971

Snippet: the court thereon. Skinner vs. Campbell, 44 Fla. 723, 33 So. 526; Stockton v. National Bank of Jacksonville

Dallam v. Sanchez

Court: Fla. | Date Filed: 1908-06-15T00:00:00-08:00

Citation: 56 Fla. 779

Snippet: such objections. See Skinner v. Campbell, 44 Fla. 723, 33 South. Rep. 526; Stockton v. National Bank of Jacksonville

West Coast Lumber Co. v. Griffin

Court: Fla. | Date Filed: 1907-06-15T00:00:00-08:00

Citation: 54 Fla. 621

Snippet: 51 Fla. Also see Skinner v. Campbell, 44 Fla. 723, 33 South. Rep. 526, and Stockton v. The National Bank

Patrick v. Kirkland

Court: Fla. | Date Filed: 1907-01-15T00:00:00-08:00

Citation: 53 Fla. 768

Snippet: to be ruled upon. Skinner v. Campbell, 44 Fla. 723, 33 South. Rep. 526; Stockton v. National Bank of Jacksonville

Ocala Foundary & Machine Works v. Lester

Court: Fla. | Date Filed: 1905-01-15T00:00:00-08:00

Citation: 49 Fla. 347

Snippet: hearing of the cause. Skinner v. Campbell, 44 Fla. 723, 33 South. Rep. 526; Stockton v. National Bank of Jacksonville