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.

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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: District Court of Appeal of Florida | Date Filed: 2021-09-10

Snippet: finding that the rate was unreasonable. Section 723.033(1) authorizes the trial court to refuse to enforce

Munao, Munao, Munao v. Homeowners Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1999-07-14

Citation: 740 So. 2d 73, 1999 WL 492632

Snippet: charged was unconscionable pursuant to section 723.033, Florida Statutes (1989), because appellants reduced

Sandpiper Homeowners Ass'n v. Lake Yale

Court: District Court of Appeal of Florida | Date Filed: 1996-02-09

Citation: 667 So. 2d 921, 1996 Fla. App. LEXIS 1007, 1996 WL 50082

Snippet: any other equitable remedies pursuant to section 723.033, Florida Statutes (1993).[3] Within the body of

Aspen-Tarpon Springs Ltd. v. Stuart

Court: District Court of Appeal of Florida | Date Filed: 1994-01-18

Citation: 635 So. 2d 61, 1994 WL 9518

Snippet: provisions of "The Florida Mobile Home Act," section 723.033, Florida Statutes (Supp. 1990), and section 723

Homeowner's Corp. v. Saba

Court: District Court of Appeal of Florida | Date Filed: 1993-10-29

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

MLH Property Managers, Inc. v. Cox

Court: District Court of Appeal of Florida | Date Filed: 1993-02-17

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

Pilgrim v. Crescent Lake Mobile Colony, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1991-05-24

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

Voort v. International Development & Holding Corp.

Court: District Court of Appeal of Florida | Date Filed: 1991-05-24

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

Belcher v. Kier

Court: District Court of Appeal of Florida | Date Filed: 1990-02-02

Citation: 558 So. 2d 1039, 1990 WL 7521

Snippet: rents charged were unconscionable under section 723.033 Florida Statutes (1985). By the time of the trial

Colonial Acres Mobile Homeowners Ass'n v. Wallach

Court: District Court of Appeal of Florida | Date Filed: 1989-04-18

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: Supreme Court of Florida | Date Filed: 1988-09-22

Citation: 541 So. 2d 1121, 13 Fla. L. Weekly 568, 1988 Fla. LEXIS 1034, 1988 WL 97919

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: District Court of Appeal of Florida | Date Filed: 1988-03-04

Citation: 521 So. 2d 282, 13 Fla. L. Weekly 597, 1988 Fla. App. LEXIS 849, 1988 WL 16857

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: District Court of Appeal of Florida | Date Filed: 1987-05-08

Citation: 506 So. 2d 426

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1987-04-14

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: District Court of Appeal of Florida | Date Filed: 1985-12-06

Citation: 479 So. 2d 800, 10 Fla. L. Weekly 2706

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

Whyel v. Smith

Court: Supreme Court of Florida | Date Filed: 1931-02-25

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: Supreme Court of Florida | Date Filed: 1908-06-15

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: Supreme Court of Florida | Date Filed: 1907-06-15

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: Supreme Court of Florida | Date Filed: 1907-01-15

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: Supreme Court of Florida | Date Filed: 1905-01-15

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