Florida Statutes
Fla. Stat. § 723.063 (2025)
Defenses to action for rent or possession; procedure.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1986–2021 · leading case: Doral Mobile Home Villas, Inc. v. Doral Home Owners, Inc., 661 So. 2d 24 (Fla. 2d DCA 1994).
Doral Mobile Home Villas, Inc. v. Doral Home Owners, Inc., 661 So. 2d 24 (Fla. 2d DCA 1994). “Without conducting an evidentiary hearing, the trial court concluded that section 723.063 authorized the association to pay the disputed rent into.”
Herrell v. Seyfarth, Shaw, 491 So. 2d 1173 (Fla. 1st DCA 1986). “If, however, the tenant raises any defense other than payment, he is required to pay into the registry of the court the accrued rent, as alleged in the complaint or as determined by the court, and all rent accruing during the pendency of the proceeding, when due.”
Hollywood Mobile Estates Ltd. v. Hollywood Estates Indep. Tenants Ass'n, 67 So. 3d 1194 (Fla. 4th DCA 2011). “Appellant Hollywood Mobile Estates Limited (“Hollywood Mobile”) appeals a non-final order denying its motion to require the individual mobile home tenants who are members of Appellee Hollywood Estates Independent Tenants Association (“Hollywood Tenants Association”) to deposit…”
MLH Prop. Managers, Inc. v. Cox, 613 So. 2d 1358 (Fla. 4th DCA 1993). “Therefore, the provisions of Section 723.063 apply. Appellees suggest that sections 723.”
Naples Estates Ltd. P'ship v. Pamela Muston (Fla. 2d DCA 2021). “Section 723.063, Florida Statutes (2015) governs a mobile home owner's defenses to an action for rent or possession and states, in pertinent part, "In any action based upon nonpayment of rent or seeking to recover unpaid rent, or a portion thereof, the mobile home owner may…”
Hunter's Run, Ltd. v. Hoelscher & Ehrhart, 34 Fla. Supp. 2d 148 (Fla. Orange Cty. Ct. 1987). “60(2); mobile home tenants are required to post rent based on Fla. Stat. 723.063(2). Fla. Stat. 83.60(1) Fla.”
— 723.063(1) — 3 cases
Herrell v. Seyfarth, Shaw, 491 So. 2d 1173 (Fla. 1st DCA 1986). “If, however, the tenant raises any defense other than payment, he is required to pay into the registry of the court the accrued rent, as alleged in the complaint or as determined by the court, and all rent accruing during the pendency of the proceeding, when due.”
Doral Mobile Home Villas, Inc. v. Doral Home Owners, Inc., 661 So. 2d 24 (Fla. 2d DCA 1994). “Without conducting an evidentiary hearing, the trial court concluded that section 723.063 authorized the association to pay the disputed rent into.”
Naples Estates Ltd. P'ship v. Pamela Muston (Fla. 2d DCA 2021). “Section 723.063, Florida Statutes (2015) governs a mobile home owner's defenses to an action for rent or possession and states, in pertinent part, "In any action based upon nonpayment of rent or seeking to recover unpaid rent, or a portion thereof, the mobile home owner may…”
— 723.063(2) — 6 cases
Hollywood Mobile Estates Ltd. v. Hollywood Estates Indep. Tenants Ass'n, 67 So. 3d 1194 (Fla. 4th DCA 2011). “Appellant Hollywood Mobile Estates Limited (“Hollywood Mobile”) appeals a non-final order denying its motion to require the individual mobile home tenants who are members of Appellee Hollywood Estates Independent Tenants Association (“Hollywood Tenants Association”) to deposit…”
Herrell v. Seyfarth, Shaw, 491 So. 2d 1173 (Fla. 1st DCA 1986). “If, however, the tenant raises any defense other than payment, he is required to pay into the registry of the court the accrued rent, as alleged in the complaint or as determined by the court, and all rent accruing during the pendency of the proceeding, when due.”
MLH Prop. Managers, Inc. v. Cox, 613 So. 2d 1358 (Fla. 4th DCA 1993). “Therefore, the provisions of Section 723.063 apply. Appellees suggest that sections 723.”
Doral Mobile Home Villas, Inc. v. Doral Home Owners, Inc., 661 So. 2d 24 (Fla. 2d DCA 1994). “Without conducting an evidentiary hearing, the trial court concluded that section 723.063 authorized the association to pay the disputed rent into.”
Naples Estates Ltd. P'ship v. Pamela Muston (Fla. 2d DCA 2021). “Section 723.063, Florida Statutes (2015) governs a mobile home owner's defenses to an action for rent or possession and states, in pertinent part, "In any action based upon nonpayment of rent or seeking to recover unpaid rent, or a portion thereof, the mobile home owner may…”
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