Florida Statute 723.063 | 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. 723.063

723.063 Defenses to action for rent or possession; procedure.—

(1) In any action based upon nonpayment of rent or seeking to recover unpaid rent, or a portion thereof, the mobile home owner may defend upon the ground of a material noncompliance with any portion of this chapter or may raise any other defense, whether legal or equitable, which he or she may have. The defense of material noncompliance may be raised by the mobile home owner only if 7 days have elapsed after he or she has notified the park owner in writing of his or her intention not to pay rent, or a portion thereof, based upon the park owner’s noncompliance with portions of this chapter, specifying in reasonable detail the provisions in default. A material noncompliance with this chapter by the park owner is a complete defense to an action for possession based upon nonpayment of rent, or a portion thereof, and, upon hearing, the court or the jury, as the case may be, shall determine the amount, if any, by which the rent is to be reduced to reflect the diminution in value of the lot during the period of noncompliance with any portion of this chapter. After consideration of all other relevant issues, the court shall enter appropriate judgment.

(2) In any action by the park owner or a mobile home owner brought under subsection (1), the mobile home owner shall pay into the registry of the court that portion of the accrued rent, if any, relating to the claim of material noncompliance as alleged in the complaint, or as determined by the court. The court shall notify the mobile home owner of such requirement. The failure of the mobile home owner to pay the rent, or portion thereof, into the registry of the court as required herein constitutes an absolute waiver of the mobile home owner’s defenses other than payment, and the park owner is entitled to an immediate default.

(3) When the mobile home owner has deposited funds into the registry of the court in accordance with the provisions of this section and the park owner is in actual danger of loss of the premises or other personal hardship resulting from the loss of rental income from the premises, the park owner may apply to the court for disbursement of all or part of the funds or for prompt final hearing, whereupon the court shall advance the cause on the calendar. The court, after preliminary hearing, may award all or any portion of the funds on deposit to the park owner or may proceed immediately to a final resolution of the cause.

History.—s. 1, ch. 84-80; s. 928, ch. 97-102.

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Amendments to 723.063

Arrestable Offenses / Crimes under Fla. Stat. 723.063

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 723.063.

Annotations, Discussions, Cases:

Cases Citing Statute 723.063

Total Results: 7

NAPLES ESTATES LIMITED PARTNERSHIP v. PAMELA MUSTON

Court: District Court of Appeal of Florida | Date Filed: 2021-09-10

Snippet: from October 2013 through October 2015. Section 723.063, Florida Statutes (2015) governs a mobile home

Hollywood Mobile Estates Ltd. v. Hollywood Estates Independent Tenants Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2011-08-24

Citation: 67 So. 3d 1194, 2011 Fla. App. LEXIS 13355, 2011 WL 3687460

Snippet: rent into the court registry pursuant to section 723.063(2), Florida Statutes (1997). We have jurisdiction

Doral Mobile Home Villas, Inc. v. Doral Home Owners, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1994-12-28

Citation: 661 So. 2d 24, 1994 Fla. App. LEXIS 12564

Snippet: the registry of the court pursuant to section 723.063(2), Florida Statutes (1993). We reverse because

MLH Property Managers, Inc. v. Cox

Court: District Court of Appeal of Florida | Date Filed: 1993-02-17

Citation: 613 So. 2d 1358, 1993 Fla. App. LEXIS 1844, 1993 WL 36266

Snippet: motion for injunctive relief to enforce section 723.063(2), Florida Statutes (1991), requiring a mobile

Ago

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

Snippet: eviction (ss. 723.061, F.S. [1986 Supp.], 723.062,723.063, F.S.); sale of the mobile home park (ss. 723.071

Herrell v. SEYFARTH, SHAW

Court: District Court of Appeal of Florida | Date Filed: 1986-07-02

Citation: 491 So. 2d 1173, 11 Fla. L. Weekly 1461

Snippet: Florida Statutes (1985). See specifically section 723.063(1). If, however, the tenant raises any defense

In Re Advisory Opinion to the Governor

Court: Supreme Court of Florida | Date Filed: 1953-02-18

Citation: 63 So. 2d 321, 1953 Fla. LEXIS 1102

Snippet: rel. Clyatt v. Hocker, 39 Fla. 477, 22 So. 721, 723, 63 Am.St. Rep. 174, this Court defined in detail the