The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 723
MOBILE HOME PARK LOT TENANCIES

View Entire Chapter

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.

F.S. 723.059 on Google Scholar

F.S. 723.059 on Casetext

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 from cite.case.law:

TARA WOODS SPE, LLC, v. CASHIN,, 116 So. 3d 492 (Fla. Dist. Ct. App. 2013)

. . . Cashin relies on section 723.059(3). . . . In doing so, the court read section 723.059 as requiring Tara Woods to (1) “clearly inform [Ms. . . . They also agree that pursuant to section 723.059(4), Ms. . . . Nothing in the Act supports this reading of section 723.059. Cf. § 627.727(1), Fla. . . . Citing section 723.059(8), Ms. . . .

MIREN INTERNATIONAL LODGING CORP. v. A. MANLEY,, 982 So. 2d 1203 (Fla. Dist. Ct. App. 2008)

. . . The lessees contend that the authorization of automatically renewable leases in section 723.059(5), Florida . . . Chapter 723.059. . . . Mobile home park lot tenancies. 723.059 Rights of purchaser. (5) Life time leases, both those existing . . .

MALCO INDUSTRIES, INC. v. FEATHEROCK HOMEOWNERS ASSOCIATION, INC., 854 So. 2d 755 (Fla. Dist. Ct. App. 2003)

. . . personal to existing residents and may not be assumed by resale purchasers except as provided in section 723.059 . . . In relevant part, section 723.059(3), Florida Statutes (2000), provides: The purchaser of a mobile home . . . from the benefits of the agreement except as to the resale purchaser’s statutory right under section 723.059 . . .

MAGNOLIA VILLAGE HOMEOWNERS ASSOCIATION, v. MAGNOLIA VILLAGE, INC., 758 So. 2d 1201 (Fla. Dist. Ct. App. 2000)

. . . Our conclusion is supported by the following portions of section 723.059, Florida Statutes (1997): 723.059 . . . from a seller obtains the rights that the seller had in a lease in existence at the time of sale. § 723.059 . . . continue until such time as the park owner imposes an increase in rent after compliance with subsection 723.059 . . . increases they paid until the time of the imposition of an increase in rent in compliance with subsection 723.059 . . .

HERRICK, d b a v. FLORIDA DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES,, 595 So. 2d 148 (Fla. Dist. Ct. App. 1992)

. . . upon expiration of the term of the lot rental agreement shall be in accordance with s. 723.037 or s. 723.059 . . . (4), whichever is applicable, provided that, pursuant to s. 723.059(4), the amount of the lot rental . . .

HOBE ASSOCIATES, LTD. a v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES,, 504 So. 2d 1301 (Fla. Dist. Ct. App. 1987)

. . . Likewise the Division persuasively points to § 723.059(3) Rights of Purchaser, Florida Statutes (1985 . . . the prospectus which would affect mobile homeowners already in occupancy, Hobe was contradicting § 723.059 . . .