Florida Statutes

Fla. Stat. § 723.033 (2025)

Unreasonable lot rental agreements; increases, changes.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 16 cases (1 in the last 5 years), 1985–2021 · leading case: Belcher v. Kier, 558 So. 2d 1039 (Fla. 2d DCA 1990).

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Belcher v. Kier, 558 So. 2d 1039 (Fla. 2d DCA 1990). · cites it 8× “In March of 1986, the appellees, 241 of the park's tenants/mobile home owners, filed a complaint alleging the rents charged were unconscionable under section 723.033 Florida Statutes (1985). By the time of the trial two years later, 330 of all tenants were parties to the lawsuit.”

Munao, Munao, Munao v. Homeowners Ass'n, 740 So. 2d 73 (Fla. 4th DCA 1999). · cites it 24× “Fla. Stat. § 723.033 (2)-(6) (Supp.1990).”

Aspen-Tarpon Springs Ltd. v. Stuart, 635 So. 2d 61 (Fla. 1st DCA 1994). · cites it 19× “This appeal involves challenges to a final judgment determining the constitutionality of two provisions of "The Florida Mobile Home Act," section 723.033, Florida Statutes (Supp. 1990), and section 723.”

Lanca Homeowners, Inc. v. Lantana Cascade of Palm Beach, Ltd., 541 So. 2d 1121 (Fla. 1988). · cites it 2× “033(2), Florida Statutes (1985), which provides a cause of action for unconscionable rental agreements states: When it is claimed or appears to the court that the rental agreement, or any provision thereof, may be unconscionable, the parties shall be afforded a reasonable…”

Pearce v. Doral Mobile Home Villas, Inc., 521 So. 2d 282 (Fla. 2d DCA 1988). · cites it 2× “§ 723.033, Fla. Stat. (1987). Although the legal concept of unconscionability of contract provisions has been described as "flexible and chameleon-like"; Steinhardt v.”

Vill. Park Mobile Home Ass'n Inc. v. State, Dept. of Bus., 506 So. 2d 426 (Fla. 1st DCA 1987). “031); (5) provisions for unconscionable lot rental agreements (Section 723.033); (6) mediation or arbitration provisions concerning lot rental increases, reduction in services or utilities, or changes in rules or regulations (Section 723.”

Sandpiper Homeowners Ass'n v. Lake Yale, 667 So. 2d 921 (Fla. 5th DCA 1996). · cites it 4× “Finally, Count IV requested declaratory relief, and any other equitable remedies pursuant to section 723.033, Florida Statutes (1993).”

Homeowner's Corp. v. Saba, 626 So. 2d 274 (Fla. 2d DCA 1993). · cites it 7× “In response to a motion to dismiss, the trial court entered a partial final judgment declaring section 723.033, Florida Statutes (1991), facially unconstitutional for a multitude of reasons.”

Appel v. Scott, 479 So. 2d 800 (Fla. 2d DCA 1985). “754 and its successor statute, section 723.033. Therefore, the tenants are entitled to a judgment prohibiting the enforcement *802 of the rental increases.”

Colonial Acres Mobile Homeowners Ass'n v. Wallach, 558 So. 2d 25 (Fla. 3d DCA 1989). “That provision empowers the court to refuse enforcement of the original contract or any unconscionable provision, or to limit the application of such *26 provisions where it is found, as a matter of law, that the contract or any of its provisions, was “unconscionable at the time…”

Kier v. Belcher, 28 Fla. Supp. 2d 86 (Fla. Cir. Ct. 1988). · cites it 4× “Plaintiffs’ Complaint seeks a declaration that the rents charged *87 in Club Wildwood for the years 1982 through 1988 are unconscionable and further seeks a declaration of plaintiffs’ rights pursuant to Section 723.033, Florida Statutes, Section 723.”

Gehman v. Gravis, 39 Fla. Supp. 2d 126 (Fla. Cir. Ct. 1990). · cites it 3× “Under the Common Law and Fla. Stat. 723.033 (1984 Supp.) the Court has the authority to determine if any provision of the mobile home rental agreement was unconscionable at the time it was made and, if so, either refuse to enforce the rental agreement, enforce the remainder the…”

Show all 16 citing cases →

— 723.033(1) — 3 cases

Belcher v. Kier, 558 So. 2d 1039 (Fla. 2d DCA 1990). “In March of 1986, the appellees, 241 of the park's tenants/mobile home owners, filed a complaint alleging the rents charged were unconscionable under section 723.033 Florida Statutes (1985). By the time of the trial two years later, 330 of all tenants were parties to the lawsuit.”

Sandpiper Homeowners Ass'n v. Lake Yale, 667 So. 2d 921 (Fla. 5th DCA 1996). “Finally, Count IV requested declaratory relief, and any other equitable remedies pursuant to section 723.033, Florida Statutes (1993).”

Naples Estates Ltd. P'ship v. Pamela Muston (Fla. 2d DCA 2021).

— 723.033(2) — 1 case

Lanca Homeowners, Inc. v. Lantana Cascade of Palm Beach, Ltd., 541 So. 2d 1121 (Fla. 1988). “033(2), Florida Statutes (1985), which provides a cause of action for unconscionable rental agreements states: When it is claimed or appears to the court that the rental agreement, or any provision thereof, may be unconscionable, the parties shall be afforded a reasonable…”

— 723.033(3) — 2 cases

Aspen-Tarpon Springs Ltd. v. Stuart, 635 So. 2d 61 (Fla. 1st DCA 1994). “This appeal involves challenges to a final judgment determining the constitutionality of two provisions of "The Florida Mobile Home Act," section 723.033, Florida Statutes (Supp. 1990), and section 723.”

Munao, Munao, Munao v. Homeowners Ass'n, 740 So. 2d 73 (Fla. 4th DCA 1999). “Fla. Stat. § 723.033 (2)-(6) (Supp.1990).”

— 723.033(4) — 1 case

Homeowner's Corp. v. Saba, 626 So. 2d 274 (Fla. 2d DCA 1993). “In response to a motion to dismiss, the trial court entered a partial final judgment declaring section 723.033, Florida Statutes (1991), facially unconstitutional for a multitude of reasons.”

— 723.033(6) — 2 cases

Munao, Munao, Munao v. Homeowners Ass'n, 740 So. 2d 73 (Fla. 4th DCA 1999). “Fla. Stat. § 723.033 (2)-(6) (Supp.1990).”

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