The 2023 Florida Statutes (including Special Session C)

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.

F.S. 723.063 on Google Scholar

F.S. 723.063 on Casetext

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 from cite.case.law:

HOLLYWOOD MOBILE ESTATES LIMITED, a v. HOLLYWOOD ESTATES INDEPENDENT TENANTS ASSOCIATION, INC. a, 67 So. 3d 1194 (Fla. Dist. Ct. App. 2011)

. . . Association (“Hollywood Tenants Association”) to deposit rent into the court registry pursuant to section 723.063 . . . Hollywood Mobile then moved for rent to be deposited into the court registry pursuant to section 723.063 . . . The MLH court held that the requirements of section 723.063(2) were mandatory and applied to the impact . . . As the real parties in interest, they can be required to comply with the requirements of section 723.063 . . . with chapter 723, the trial court erred when it failed to apply the mandatory requirement of section 723.063 . . .

DORAL MOBILE HOME VILLAS, INC. v. DORAL HOME OWNERS, INC., 661 So. 2d 24 (Fla. Dist. Ct. App. 1994)

. . . owners association, to place disputed rent payments into the registry of the court pursuant to section 723.063 . . . Without conducting an evidentiary hearing, the trial court concluded that section 723.063 authorized . . . The defendant argues that the defenses in section 723.063 apply only in the event of a lawsuit filed . . . The relevant portions of section 723.063 state: (1) In any action based upon nonpayment of rent or seeking . . . Section 723.063(1) is comparable to an earlier version of the statute regulating condominiums. . . .

MLH PROPERTY MANAGERS, INC. v. COX,, 613 So. 2d 1358 (Fla. Dist. Ct. App. 1993)

. . . Appellant challenges the trial court’s order denying its motion for injunctive relief to enforce section 723.063 . . . Appellant moved for an injunction to enforce section 723.063(2) and to require the defendants to deposit . . . Section 723.063(2), Florida Statutes (1991), provides as follows: In any action by the park owner or . . . Therefore, the provisions of Section 723.063 apply. . . . The purpose of section 723.063(2) is the same. . . .

HUNTER S RUN, LTD. v HOELSCHER EHRHART, 34 Fla. Supp. 2d 148 (Orange Cty. Ct. 1987)

. . . Stat. 723.063(2). Fla. Stat. 83.60(1) Fla. . . . Stat. 723.063(2). . . .

C. HERRELL, Jr. C. Jr. P. A. v. SEYFARTH, SHAW, FAIRWEATHER GERALDSON, A, 491 So. 2d 1173 (Fla. Dist. Ct. App. 1986)

. . . See also section 723.063(2). . . . See sections 83.-60(2) and 723.063(2). . . .