Florida Statute 723.033 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 723.033

Total Results: 12

Belcher v. Kier

558 So. 2d 1039, 1990 WL 7521

District Court of Appeal of Florida | Filed: Feb 2, 1990 | Docket: 2448832

Cited 20 times | Published

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

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

506 So. 2d 426

District Court of Appeal of Florida | Filed: May 8, 1987 | Docket: 1336721

Cited 13 times | Published

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

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

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

Supreme Court of Florida | Filed: Sep 22, 1988 | Docket: 1516499

Cited 10 times | Published

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

Pearce v. Doral Mobile Home Villas, Inc.

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

District Court of Appeal of Florida | Filed: Mar 4, 1988 | Docket: 1348111

Cited 5 times | Published

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

Appel v. Scott

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

District Court of Appeal of Florida | Filed: Dec 6, 1985 | Docket: 463624

Cited 5 times | Published

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

Munao, Munao, Munao v. Homeowners Ass'n

740 So. 2d 73, 1999 WL 492632

District Court of Appeal of Florida | Filed: Jul 14, 1999 | Docket: 1456931

Cited 4 times | Published

rent charged was unconscionable pursuant to section 723.033, Florida Statutes (1989), because appellants

Aspen-Tarpon Springs Ltd. v. Stuart

635 So. 2d 61, 1994 WL 9518

District Court of Appeal of Florida | Filed: Jan 18, 1994 | Docket: 1705563

Cited 3 times | Published

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

Sandpiper Homeowners Ass'n v. Lake Yale

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

District Court of Appeal of Florida | Filed: Feb 9, 1996 | Docket: 2560791

Cited 1 times | Published

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

NAPLES ESTATES LIMITED PARTNERSHIP v. PAMELA MUSTON

District Court of Appeal of Florida | Filed: Sep 10, 2021 | Docket: 60375491

Published

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

Homeowner's Corp. v. Saba

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

District Court of Appeal of Florida | Filed: Oct 29, 1993 | Docket: 64743899

Published

entered a partial final judgment declaring section 723.033, Florida Statutes (1991), facially unconstitutional

Pilgrim v. Crescent Lake Mobile Colony, Inc.

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

District Court of Appeal of Florida | Filed: May 24, 1991 | Docket: 64660132

Published

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

Colonial Acres Mobile Homeowners Ass'n v. Wallach

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

District Court of Appeal of Florida | Filed: Apr 18, 1989 | Docket: 64648745

Published

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