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: Fla. Dist. Ct. App. | Date Filed: 2021-09-10T00:53:00-07:00

Snippet: from October 2013 through October 2015. Section 723.063, Florida Statutes (2015) governs a mobile home… 5 which he or she may have." See § 723.063(1). To raise these defenses, the mobile home owner… owner is entitled to an immediate default. § 723.063(2). It is apparent from the introductory clause…not waived by a failure to comply with section 723.063(2), the Home Owners' waiver and estoppel defense

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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-24T00:00:00-07:00

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…deposited into the court registry pursuant to section 723.063(2). That statute requires: "In any action … unambiguous and mandatory language of section 723.063(2). Where an issue involves the interpretation …MLH court held that the requirements of section 723.063(2) were mandatory and applied to the impact and…required to comply with the requirements of section 723.063(2) as if they sued Hollywood Mobile individually

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

Court: Fla. Dist. Ct. App. | Date Filed: 1994-12-28T00:00:00-08:00

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…hearing, the trial court concluded that section 723.063 authorized the association to pay the disputed … defendant argues that the defenses in section 723.063 apply only in the event of a lawsuit filed by a… association. The relevant portions of section 723.063 state: (1) In any action based upon nonpayment …filed by a mobile home owners association. Section 723.063(1) is comparable to an earlier version of the statute

MLH Property Managers, Inc. v. Cox

Court: Fla. Dist. Ct. App. | Date Filed: 1993-02-17T00:00:00-08:00

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…Appellant moved for an injunction to enforce section 723.063(2) and to require the defendants to deposit the… written notice of any such increases. Section 723.063(2), Florida Statutes (1991), provides as follows…is not “accrued” within the meaning of section 723.-063 because it is disputed by them. However, “accrued… tenants. Therefore, the provisions of Section 723.063 apply. Appellees suggest that sections 723.033(

Ago

Court: Fla. Att'y Gen. | Date Filed: 1987-04-14T00:53:00-07:00

Snippet: eviction (ss. 723.061, F.S. [1986 Supp.], 723.062,723.063, F.S.); sale of the mobile home park (ss. 723.071,723.072

Herrell v. SEYFARTH, SHAW

Court: Fla. Dist. Ct. App. | Date Filed: 1986-07-02T00:53:00-07:00

Citation: 491 So. 2d 1173

Snippet: Florida Statutes (1985). See specifically section 723.063(1). If, however, the tenant raises any defense …, when due. Section 83.60(2). See also section 723.063(2). The Florida Residential Landlord and Tenant…proceeding, when due. See sections 83.60(2) and 723.063(2). Nevertheless, the sublessee in the instant

In Re Advisory Opinion to the Governor

Court: Fla. | Date Filed: 1953-02-17T23:53:00-08:00

Citation: 63 So. 2d 321

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