Florida Statutes

Fla. Stat. § 723.061 (2025)

Eviction; grounds, proceedings.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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723.061 Eviction; grounds, proceedings.—

(1) A mobile home park owner may evict a mobile home owner, a mobile home tenant, a mobile home occupant, or a mobile home only on one or more of the following grounds:

(a) Nonpayment of the lot rental amount. If a mobile home owner or tenant, whichever is responsible, fails to pay the lot rental amount when due and if the default continues for 5 days after delivery of a written demand by the mobile home park owner for payment of the lot rental amount, the park owner may terminate the tenancy. However, if the mobile home owner or tenant, whichever is responsible, pays the lot rental amount due, including any late charges, court costs, and attorney’s fees, the court may, for good cause, deny the order of eviction, if such nonpayment has not occurred more than twice.

(b) Conviction of a violation of a federal or state law or local ordinance, if the violation is detrimental to the health, safety, or welfare of other residents of the mobile home park. The mobile home owner or mobile home tenant must vacate the premises within 7 days after the date the notice to vacate is delivered. This paragraph constitutes grounds to deny an initial tenancy of a purchaser of a home under paragraph (e) or to evict an unapproved occupant of a home.

1. For the first violation of any properly promulgated rule or regulation, rental agreement provision, or this chapter which is found by any court of competent jurisdiction to have been an act that endangered the life, health, safety, or property of the park residents or employees or the peaceful enjoyment of the mobile home park by its residents, the mobile home park owner may terminate the rental agreement, and the mobile home owner, tenant, or occupant must vacate the premises within 7 days after the notice to vacate is delivered.

2. For a second violation of the same properly promulgated rule or regulation, rental agreement provision, or this chapter within 12 months, the mobile home park owner may terminate the tenancy if she or he has given the mobile home owner, tenant, or occupant written notice, within 30 days after the first violation, which specified the actions of the mobile home owner, tenant, or occupant that caused the violation and gave the mobile home owner, tenant, or occupant 7 days to correct the noncompliance. The mobile home owner, tenant, or occupant must have received written notice of the ground upon which she or he is to be evicted at least 30 days prior to the date on which she or he is required to vacate. A second violation of a properly promulgated rule or regulation, rental agreement provision, or this chapter within 12 months of the first violation is unequivocally a ground for eviction, and it is not a defense to any eviction proceeding that a violation has been cured after the second violation. Violation of a rule or regulation, rental agreement provision, or this chapter more than 1 year after the first violation of the same rule or regulation, rental agreement provision, or this chapter does not constitute a ground for eviction under this section.

A properly promulgated rule or regulation may not be arbitrarily applied and used as a ground for eviction.

(d) Change in use of the land comprising the mobile home park, or the portion thereof from which mobile homes are to be evicted, from mobile home lot rentals to some other use, if:

1. The park owner gives written notice to the homeowners’ association formed and operating under ss. 723.075-723.079 of its right to purchase the mobile home park, if the land comprising the mobile home park is changing use from mobile home lot rentals to a different use, at the price and under the terms and conditions set forth in the written notice.

a. The notice shall be delivered to the officers of the homeowners’ association by United States mail. Within 45 days after the date of mailing of the notice, the homeowners’ association may execute and deliver a contract to the park owner to purchase the mobile home park at the price and under the terms and conditions set forth in the notice. If the contract between the park owner and the homeowners’ association is not executed and delivered to the park owner within the 45-day period, the park owner is under no further obligation to the homeowners’ association except as provided in sub-subparagraph b.

b. If the park owner elects to offer or sell the mobile home park at a price lower than the price specified in her or his initial notice to the officers of the homeowners’ association, the homeowners’ association has an additional 10 days to meet the revised price, terms, and conditions of the park owner by executing and delivering a revised contract to the park owner.

c. The park owner is not obligated under this subparagraph or s. 723.071 to give any other notice to, or to further negotiate with, the homeowners’ association for the sale of the mobile home park to the homeowners’ association after 6 months after the date of the mailing of the initial notice under sub-subparagraph a.

2. The park owner gives the affected mobile home owners and tenants at least 6 months’ notice of the eviction due to the projected change in use and of their need to secure other accommodations. Within 20 days after giving an eviction notice to a mobile home owner, the park owner must provide the division with a copy of the notice. The division must provide the executive director of the Florida Mobile Home Relocation Corporation with a copy of the notice.

a. The notice of eviction due to a change in use of the land must include in a font no smaller than the body of the notice the following statement:

YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC). FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.

b. The park owner may not give a notice of increase in lot rental amount within 90 days before giving notice of a change in use.

(e) Failure of the purchaser, prospective tenant, or occupant of a mobile home situated in the mobile home park to be qualified as, and to obtain approval to become, a tenant or occupant of the home, if such approval is required by a properly promulgated rule. If a purchaser or prospective tenant of a mobile home situated in the mobile home park occupies the mobile home before such approval is granted, the mobile home owner or mobile home tenant must vacate the premises within 7 days after the date the notice of the failure to be approved for tenancy is delivered.

(2) In the event of eviction for a change in use, homeowners must object to the change in use by petitioning for administrative or judicial remedies within 90 days after the date of the notice or they will be barred from taking any subsequent action to contest the change in use. This subsection does not prevent any homeowner from objecting to a zoning change at any time.

(3) A mobile home park owner applying for the removal of a mobile home owner, tenant, or occupant or a mobile home shall file, in the county court in the county where the mobile home lot is situated, a complaint describing the lot and stating the facts that authorize the removal of the mobile home owner, tenant, or occupant or the mobile home. The park owner is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar.

(4) Except for the notice to the officers of the homeowners’ association under subparagraph (1)(d)1., any notice required by this section must be in writing, and must be posted on the premises and sent to the mobile home owner and tenant or occupant, as appropriate, by certified or registered mail, return receipt requested, addressed to the mobile home owner and tenant or occupant, as appropriate, at her or his last known address. Delivery of the mailed notice shall be deemed given 5 days after the date of postmark.

(5) A park owner who accepts payment of any portion of the lot rental amount with actual knowledge of noncompliance after notice and termination of the rental agreement due to a violation under paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e) does not waive the right to terminate the rental agreement or the right to bring a civil action for the noncompliance, but not for any subsequent or continuing noncompliance. Any rent so received must be accounted for at the final hearing.

History.—s. 1, ch. 84-80; s. 11, ch. 86-162; ss. 7, 8, ch. 87-117; ss. 2, 3, 4, ch. 87-150; s. 16, ch. 88-147; s. 3, ch. 91-66; s. 12, ch. 92-148; s. 925, ch. 97-102; s. 6, ch. 2001-227; s. 7, ch. 2003-263; s. 1, ch. 2007-47; s. 2, ch. 2011-105; s. 29, ch. 2020-27.

Notes of Decisions

Cited in 24 cases (5 in the last 5 years), 1985–2026 · leading case: Brown v. Powell, 531 So. 2d 731 (Fla. 4th DCA 1988).

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Brown v. Powell, 531 So. 2d 731 (Fla. 4th DCA 1988). · cites it 27× “We remand for trial on the issue of whether the plaintiffs/appellants' conduct constituted a waiver of the eviction notices served pursuant to section 723.061, Florida Statutes (1985).”

Harris v. Martin Regency, Ltd., 576 So. 2d 1294 (Fla. 1991). · cites it 27× “See § 723.061, Fla. Stat. In holding such limitations to be constitutionally permissible, the Court in Stewart reasoned that "[i]f mobile home park owners are allowed unregulated and uncontrolled power to evict mobile home tenants, a form of economic servitude ensues rendering…”

Aspen-Tarpon Springs Ltd. v. Stuart, 635 So. 2d 61 (Fla. 1st DCA 1994). · cites it 25× “" The court found that the state defendants "have the duty and authority to enforce section 723.061, Florida Statutes," but declined to assess attorney fees against them, finding that "Plaintiffs have not proved any activity of any of the Defendants that would give rise to any…”

Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (R.I. 2001). “, Fla.Stat. Ann. § 723.061(1) (West 2001) ("A mobile home park owner may evict a mobile home owner or a mobile home only on one or more of the grounds provided in this section.”

Gallo v. Celebration Pointe Townhomes, Inc., 972 So. 2d 992 (Fla. 4th DCA 2008). · cites it 28× “In other words, defendants' only statutory responsibility, when evicting tenants for a change in use, is to comply with the notice requirements found in section 723.061, Because the defendants had complied with the statute, Gallo had no claim against Celebration.”

Zapo v. Gilreath, 779 So. 2d 651 (Fla. 5th DCA 2001). · cites it 2× “See § 723.061, Fla. Stat. (1996). Eviction and land use changes are not concerns of mobile home owners whose homes are affixed to their own property.”

Cheryl Wells v. Willow Lake Estates, Inc., 390 F. App'x 956 (11th Cir. 2010). “The district court also dismissed with prejudice Wells and Sims’ state law claims, concluding that Fla. Stat. § 723.061 does not give rise to an independent cause of action (Count 3), and that they had failed to allege the requisite elements of a cause of action for duress…”

Owners of Trailers at Li'l Abner Trailer Park v. CREI Holdings, LLC (Fla. 3d DCA 2026). · cites it 27× “BACKGROUND The Owners’ complaint alleged that on November 12, 2024, CREI delivered to all the Li’l Abner residents an Eviction Notice based on a change of use pursuant to section 723.061, Florida Statutes. The Owners alleged, however, that CREI failed to give written notice to…”

Herrick v. Florida Dept. of Bus. Reg., 595 So. 2d 148 (Fla. 1st DCA 1992). “enants must receive a prospectus, the terms and conditions are different for those persons in occupancy in parks prior to the June 4, 1984, effective date of Chapter 723; (2) tenancy in a mobile home park is continuous from the date a lot rental agreement is entered into or the…”

Harris v. Martin Regency, Ltd., 550 So. 2d 1160 (Fla. 4th DCA 1989). · cites it 11× “Appellants contend that the eviction notices did not contain any of the exclusive statutory grounds for eviction of mobile home park tenants authorized by section 723.061, Florida Statutes (1985); that the conversion of the land comprising the mobile home park from use as a…”

Grace Ottone v. Williamson Investments, LLC, d/b/a Florida Villas Mobile Home Park (Fla. 2d DCA 2023). · cites it 8× “Ottone argues that the evidence failed to link her and Cheeseman to Schultz's alleged drug activity and failed to show that Cheeseman had criminally assaulted park management, thus suggesting no basis for eviction under section 723.061(1)(b). She also argues that the Park failed…”

Matter of Riverside Vill., 102 B.R. 858 (Bankr. M.D. Fla. 1989). “Fla. Stat. 723.061. The tenants, Division, and Ami-cus Curiae disagreed with this congruous extension of their agreement.”

Show all 24 citing cases →

— 723.061(1) — 1 case

— 723.061(1)(a) — 2 cases

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

Wayne C. Rickert D/B/A Crystal Lake Vill. v. Karen Valencia & Unknown Party in Possession (Fla. 6th DCA 2026).

— 723.061(1)(b) — 1 case

Grace Ottone v. Williamson Investments, LLC, d/b/a Florida Villas Mobile Home Park (Fla. 2d DCA 2023). “Ottone argues that the evidence failed to link her and Cheeseman to Schultz's alleged drug activity and failed to show that Cheeseman had criminally assaulted park management, thus suggesting no basis for eviction under section 723.061(1)(b). She also argues that the Park failed…”

— 723.061(1)(c) — 1 case

— 723.061(1)(d) — 4 cases

Harris v. Martin Regency, Ltd., 576 So. 2d 1294 (Fla. 1991). “See § 723.061, Fla. Stat. In holding such limitations to be constitutionally permissible, the Court in Stewart reasoned that "[i]f mobile home park owners are allowed unregulated and uncontrolled power to evict mobile home tenants, a form of economic servitude ensues rendering…”

Brown v. Powell, 531 So. 2d 731 (Fla. 4th DCA 1988). “We remand for trial on the issue of whether the plaintiffs/appellants' conduct constituted a waiver of the eviction notices served pursuant to section 723.061, Florida Statutes (1985).”

Gallo v. Celebration Pointe Townhomes, Inc., 972 So. 2d 992 (Fla. 4th DCA 2008). “In other words, defendants' only statutory responsibility, when evicting tenants for a change in use, is to comply with the notice requirements found in section 723.061, Because the defendants had complied with the statute, Gallo had no claim against Celebration.”

Owners of Trailers at Li'l Abner Trailer Park v. CREI Holdings, LLC (Fla. 3d DCA 2026). “BACKGROUND The Owners’ complaint alleged that on November 12, 2024, CREI delivered to all the Li’l Abner residents an Eviction Notice based on a change of use pursuant to section 723.061, Florida Statutes. The Owners alleged, however, that CREI failed to give written notice to…”

— 723.061(1)(d)(1) — 1 case

— 723.061(2) — 3 cases

Aspen-Tarpon Springs Ltd. v. Stuart, 635 So. 2d 61 (Fla. 1st DCA 1994). “" The court found that the state defendants "have the duty and authority to enforce section 723.061, Florida Statutes," but declined to assess attorney fees against them, finding that "Plaintiffs have not proved any activity of any of the Defendants that would give rise to any…”

— 723.061(2)(a) — 1 case

— 723.061(2)(d) — 1 case

— 723.061(3) — 4 cases

Rexmere Lake Vill. Mgmt., Inc. v. Signor, 20 Fla. Supp. 2d 67 (Fla. Broward Cty. Ct. 1986).

DeFalco v. City of Hallandale Beach, 18 So. 3d 1126 (Fla. 4th DCA 2009).

— 723.061(c)(1) — 1 case

Ogilvie v. Rutledge, 14 Fla. Supp. 2d 52 (Fla. Orange Cty. Ct. 1985).

— 723.061(l)(a) — 2 cases

Rexmere Lake Vill. Mgmt., Inc. v. Signor, 20 Fla. Supp. 2d 67 (Fla. Broward Cty. Ct. 1986).

Lauderdale Investments, Ltd. v. Rogers, 43 Fla. Supp. 2d 21 (Fla. Cir. Ct. 1990).

— 723.061(l)(b) — 1 case

Tierney v. Coto, 28 Fla. Supp. 2d 69 (Fla. Miami-Dade Cty. Ct. 1988).

— 723.061(l)(c)(2) — 1 case

Tierney v. Coto, 28 Fla. Supp. 2d 69 (Fla. Miami-Dade Cty. Ct. 1988).

— 723.061(l)(c)(l) — 1 case

Tierney v. Coto, 28 Fla. Supp. 2d 69 (Fla. Miami-Dade Cty. Ct. 1988).

— 723.061(l)(d) — 2 cases

Harris v. Martin Regency, Ltd., 550 So. 2d 1160 (Fla. 4th DCA 1989). “Appellants contend that the eviction notices did not contain any of the exclusive statutory grounds for eviction of mobile home park tenants authorized by section 723.061, Florida Statutes (1985); that the conversion of the land comprising the mobile home park from use as a…”

DeFalco v. City of Hallandale Beach, 18 So. 3d 1126 (Fla. 4th DCA 2009).

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