Florida Statute 723.059 | 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. 723.059

723.059 Purchaser of a mobile home within a mobile home park.—

(1) The purchaser of a mobile home within a mobile home park may become a tenant of the park if such purchaser would otherwise qualify with the requirements of entry into the park under the park rules and regulations, subject to the approval of the park owner, but such approval may not be unreasonably withheld. The purchaser of the mobile home may cancel or rescind the contract for purchase of the mobile home if the purchaser’s tenancy has not been approved by the park owner 5 days before the closing of the purchase.

(2) Properly promulgated rules may provide for the screening of any prospective purchaser to determine whether or not such purchaser is qualified to become a tenant of the park.

(3) The purchaser of a mobile home who intends to become a resident of the mobile home park in accordance with this section has the right to assume the remainder of the term of any rental agreement then in effect between the mobile home park owner and the seller and may assume the seller’s prospectus. However, nothing herein shall prohibit a mobile home park owner from offering the purchaser of a mobile home any approved prospectus.

(4) However, nothing herein shall be construed to prohibit a mobile home park owner from increasing the rental amount to be paid by the purchaser upon the expiration of the assumed rental agreement in an amount deemed appropriate by the mobile home park owner, so long as such increase is disclosed to the purchaser prior to his or her occupancy and is imposed in a manner consistent with the purchaser’s prospectus and this act.

(5) Lifetime leases and the renewal provisions in automatically renewable leases, both those existing and those entered into after July 1, 1986, are not assumable unless otherwise provided in the mobile home lot rental agreement or unless the transferee is the home owner’s spouse. The right to an assumption of the lease by a spouse may be exercised only one time during the term of that lease.

History.—s. 1, ch. 84-80; s. 10, ch. 86-162; s. 924, ch. 97-102; s. 7, ch. 2015-90; s. 3, ch. 2016-169; s. 28, ch. 2020-27.

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Amendments to 723.059

Arrestable Offenses / Crimes under Fla. Stat. 723.059

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 723.059.

Annotations, Discussions, Cases:

Cases Citing Statute 723.059

Total Results: 7

Tara Woods SPE, LLC v. Cashin

Court: District Court of Appeal of Florida | Date Filed: 2013-05-24

Citation: 116 So. 3d 492, 2013 WL 2278011, 2013 Fla. App. LEXIS 8358

Snippet: portion of a rental agreement as prescribed by § 723.059(3), F.S., are hereby notified that upon the expiration

MIREN INTERN. LODGING CORP. v. Manley

Court: District Court of Appeal of Florida | Date Filed: 2008-05-23

Citation: 982 So. 2d 1203, 2008 Fla. App. LEXIS 7251, 2008 WL 2149630

Snippet: authorization of automatically renewable leases in section 723.059(5), Florida Statutes (2005),[3] reflects a legislative

Malco Industries, Inc. v. Featherock Homeowners Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2003-08-29

Citation: 854 So. 2d 755, 2003 Fla. App. LEXIS 13020, 2003 WL 22023570

Snippet: except as provided in section 723.059(3) F.S.” In relevant part, section 723.059(3), Florida Statutes (2000)

Magnolia Village Homeowners Ass'n v. Magnolia Village, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2000-05-12

Citation: 758 So. 2d 1201, 2000 Fla. App. LEXIS 5696, 2000 WL 569806

Snippet: following portions of section 723.059, Florida Statutes (1997): 723.059 Rights of purchaser.— [[Image

Herrick v. FLORIDA DEPT. OF BUSINESS REG.

Court: District Court of Appeal of Florida | Date Filed: 1992-02-19

Citation: 595 So. 2d 148, 1992 WL 26457

Snippet: 723.037 or s. 723.059(4), whichever is applicable, provided that, pursuant to s. 723.059(4), the amount

Ago

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

Snippet: home owner (ss. 723.022, 723.023, F.S.), cf., s.723.059, F.S. (1986 Supp.); mobile home lot rental agreements

Hobe Assoc. v. State, Dept. of Business Regulation

Court: District Court of Appeal of Florida | Date Filed: 1987-03-02

Citation: 504 So. 2d 1301

Snippet: Likewise the Division persuasively points to § 723.059(3) Rights of Purchaser, Florida Statutes (1985)