Division of Florida Condominiums, Timeshares, and Mobile Homes

Frequently Asked Questions - Mobile Homes

1. Is the park owner required to give me a prospectus?

2. What is a prospectus?

3. My park has less than 26 lots for rent or lease. What should I receive from the park owner when I sign my lease?

4. If my park has less than 10 lots available for rent or lease, is my tenancy governed by Chapter 723, Florida Statutes, the Florida Mobile Home Act?

5. Can or does a new park owner have to file a new prospectus?

6. Can our park owner increase the lot rental amount?

7. Can the park owner raise the lot rental amount for any reason?

8. Is the park owner required to state the reason for increasing the lot rental amount on the notice?

9. What about meeting with the park owner to discuss disputes?

10. Who selects the committee to represent homeowners in disputes with the park owner?

11. Can the division determine whether a lot rental increase in unreasonable?

12. Can a park owner charge a user fee for a service that was previously provided by the park owner as part of the lot rental amount?

13. Can a park owner charge a home owner exit fees when he or she moves out of a mobile home park?

14. What is the process for eviction?

15. Can a park owner change the use of the land?

16. Can I sell my mobile home?

17. Can the park force me to make improvements to my home and lot?

18. What can the park owner charge for utilities?

19. Can I assume a previous homeowner's lease?

20. How do I file a complaint against the park owner if I feel a violation of Chapter 723, Florida Statutes, has occurred?

21. How can I get a copy of Chapter 723, Florida Statutes, The Florida Mobile Home Act?

22. Can the park owner change the age requirements for the park?

23. What is a mobile home?

24. What is a mobile home park?

25. What is the difference between a mobile home park and a mobile home subdivision?

26. Does the park owner have the right of access to my mobile home lot?

27. Can a rental agreement be for less than one year?

28. Should the rules and regulations of the park be posted?

29. Can the park owner prevent a homeowner from making interior improvements to their home?

30. Can a park owner prevent a homeowner from having guests?

31. Can a park owner place restrictions on the sale of a mobile home?

32. Must I sign an exclusive right of resale agreement with the park owner prior to moving into the park?

33. Can the park owner prevent the homeowners from peaceably assembling in the common areas of the park to discuss problems relative to the mobile home park?

34. Can the purchaser of a mobile home assume the remainder of the term of a rental agreement?

35. Are lifetime leases assumable by the purchaser of a mobile home?

36. What are grounds for eviction from a mobile home park?

37. I don’t like the way my homeowners’ association is conducting meetings. Can’t the division make them follow the bylaws?

38. My prospectus indicates that the park owner will perform lawn maintenance. What does this mean?

39. Is there way to challenge my lot rent increase without having to go to court?

1. Is the park owner required to give me a prospectus?
In parks of 26 lots or more the park owner is required to deliver a prospectus to each prospective lessee. A park owner who enters into a rental agreement in which a prospectus is not delivered must give the mobile home owner written disclosure in lieu of a prospectus. Written disclosure in normally given in parks with 10 to 25 lots, although there is nothing in Chapter 723, Florida Statutes, that prohibits a park owner with less than 26 lots from providing a prospectus to home owners. The purchaser of a mobile home within a park may rely on the terms and conditions of the prospectus delivered to the initial recipient. The statute is silent as to whether the park owner or the seller of the mobile home must deliver the prospectus to the purchaser.

2. What is a prospectus?
The prospectus is a disclosure document that meets specific statutory requirements. It describes various aspects of the park such as number of lots and facilities provided. The prospectus discloses all components of the lot rental amount and the manner in which utility and other services are provided. Its purpose is to disclose the representations of the mobile home park owner concerning the operations of the mobile home park.

3. My park has less than 26 lots for rent or lease. What should I receive from the park owner when I sign my lease?
Prior to occupancy, you should receive written notification of the following: the zoning under which the park operates; the name of the zoning authority; any future plans the park owner has for changes in the use of the land; name and address of the person authorized to receive notices, all fees and charges, assessments, or other financial obligations not included in the rental agreement; and a copy of the rules and regulations for the park.

4. If my park has less than 10 lots available for rent or lease is my tenancy governed by Chapter 723, Florida Statutes, the Florida Mobile Home Act?
No. If less than 10 lots are available for rent or lease the tenancy would be governed by the provisions of Part II of Chapter 83, Florida Statutes, the Florida Residential Landlord Tenant Act.

5. Can or does a new park owner have to file a new prospectus?
A new park owner is not required to file a new prospectus. However, he/she may file a new prospectus for use with prospective homeowners, if they wish. Additionally, the park owner may offer current homeowners the new prospectus, although the homeowner is not required to accept the new document.

6. Can our park owner increase the lot rental amount?
Nothing in Chapter 723, Florida Statutes, prohibits the park owner from raising lot rental amounts. All increases in lot rents require 90 days' written notice to the affected homeowners. This notice triggers several homeowner rights and/or obligations, including meeting with the park owner to discuss the reasons for the lot rental increase. Except for pass-through and pass on charges, or when a lease is more than 12 months in duration, the rent cannot be increased during the term of the rental agreement.

7. Can the park owner raise the lot rental amount for any reason?
No. The park owner may increase the lot rental amount for only those factors disclosed in the prospectus, although, nothing in the Florida Mobile Home Act prohibits park owners and home owners from agreeing to lot rental increase factors not disclosed in the prospectus.

8. Is the park owner required to state the reason for increasing the lot rental amount on the notice?
No. However, when a duly formed committee of not more than 5 meet with the park owner, the park owner shall in good faith disclose and explain all material factors resulting in the decision to increase the lot rental amount. If the lot rental amount is based on comparable parks, the park owner must disclose, and provide in writing to the committee the name, address, lot rental amount, and any other relevant factors relied upon by the park owner concerning the comparable parks.

9. Is the park owner required to meet with the homeowners to discuss disputes?
Park owners and homeowners affected by increased rent, rule or regulation changes, or reduction of services must meet within 30 days of the receipt of the notice of increase, change or reduction. A committee of 5 or fewer must represent homeowners to discuss these issues. Neither the park owner nor the homeowners are required by statute to meet for any other type of disputes.

10. Who selects the committee to represent homeowners at the required meeting with the park owner?
The members of the committee are designated by a majority of the affected mobile home owners or by the board of directors of the homeowners' association, if one exists.

11. Can the division determine whether a lot rental increase is unreasonable?
No. Section 723.033(1), Florida Statutes, empowers the civil court of appropriate jurisdiction to determine whether any part of the rental agreement is reasonable, including lot rental amount.

12. Can a park owner charge a user fee for a service that was previously provided by the park owner as part of the lot rental amount?
The park owner can charge a user fee for a service that was previously provided as part of the lot rental amount if there is a corresponding decrease in the lot rental amount.

13. Can a park owner charge a homeowner exit fees when he or she moves out of a mobile home park?
No. Section 723.041(2), Florida Statutes, prevents a park owner from charging an exit fee upon the termination of a homeowner’s residency. This does not prevent the park owner from charging a fee to clean up a lot left in substandard conditions by the homeowner as long as the fee was properly disclosed to the homeowner.

14. What is the process for eviction?
Eviction notices should meet the statutory requirements set forth in Chapter 723.061, Florida Statutes. These requirements include, but are not limited to notice by certified or registered mail. Evictions can be initiated for failure to pay lot rent, violation of certain laws, violation of park rules or regulations, and change in land use. Park owners must give affected homeowners at least 6 months’ notice of the projected change of use and their need to secure other accommodations.

15. Can a park owner change the use of the land?
Yes. Park owners who decide to change the use of their park must give homeowners at least six months' written notice of the projected change of use and their need to secure other accommodations.

16. Can I sell my mobile home?
Homeowners have the right to sell their homes. Park owners may not enforce park rules, regulations or rental agreements that deny or abridge the rights of homeowners to sell their homes.

17. Can the park force me to make improvements to my home and lot?
Generally, the park owner cannot force you to make permanent improvements, unless they are disclosed prior to your moving into the park.

18. How much can the park owner charge for utilities?
If the park owner purchases gas, water or electricity from a public or municipally owned utility or water system he/she cannot charge homeowners more that the park is charged by the public or municipally owned utility or public water system. The park owner may charge homeowners for maintenance actually incurred and administrative cost of water distribution. The statute is silent regarding the amount a park owner may charge homeowners when gas, water or electricity are not purchased from a public or municipally owned utility or public water system.

19. Can I assume a previous homeowner's lease?
Yes. A purchaser may become a tenant of the park if the purchaser meets the prospective tenant requirements of entry under the park rules. A purchaser who becomes a resident in this manner has the right to assume the remainder of the term of the seller's lot rental agreement, and may rely on the terms and conditions of the initial recipient’s prospectus.

20. How do I file a complaint against the park owner if I feel a violation of Chapter 723, Florida Statutes, has occurred?
There are several options available for filing a complaint. You may send your complaint through the US Postal Service to the Department at 1940 North Monroe Street; Tallahassee, Florida 32399-1031; e-mail your complaint to call.center@dbpr.state.fl.us or fax it to 850.488.7149. While not required, it will assist in expediting your complaint if it is received on a Mobile Home Complaint Form. You may call 850. 488.1122 to request a Mobile Home Complaint Form or download a printable copy from our forms page.

21. How can I get a copy of Chapter 723, Florida Statutes, The Florida Mobile Home Act?
You can access Chapter 723, Florida Statutes, through the Mobile Home main web page or you can request a copy from the Department’s Customer Contact Center at 1940 North Monroe Street; Tallahassee, Florida 32399-1031, by telephone at 850.488.1122 or via e-mail at call.center@dbpr.state.fl.us.

22. Can the park owner change the age requirements for the park?
If the age requirements for the park are set forth in the park rules and regulations then the park owner may change the age requirements for the park by changing/deleting the appropriate park rules. The park owner would have to comply with the rule change requirements of Chapter 723, Florida Statutes; including 90-day written notice to affected homeowners. If the age requirements are set forth in the park’s prospectus the age requirements could be changed by an amendment to the prospectus agreed to by all affected homeowners or by a change in age requirement laws.

23. What is a mobile home?
Chapter 723, Florida Statutes, defines a mobile home as a residential structure, transportable in one or more sections, which is 8 body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to the required utilities, and not originally sold as a recreational vehicle, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

24. What is a mobile home park?
As defined by Chapter 723, Florida Statutes, a mobile home park is the use of land in which lot spaces are offered for rent or lease for the placement of mobile homes and in which the primary use of the park is residential.

25. What is the difference between a mobile home park and a mobile home subdivision?
In a mobile home subdivision the homeowner owns both their home and the lot, and the developer retains a portion of certain amenities exclusively serving the subdivision. In a mobile home park the owner owns their home and rents or leases the lot.

26. Does the park owner have the right of access to my mobile home lot?
The park owner has the right of entry onto the lot, at all reasonable times, for the purpose of repair and replacement of utilities and protection of the mobile home park, but not in such manner or time as to interfere unreasonably with the mobile home owner’s quiet enjoyment of the lot.

27. Can a rental agreement be for less than one year?
Yes. The initial term may be for less than one year in order to permit the park owner to have all rental agreements within the park commence at the same time. Thereafter, all terms shall be for a minimum of one year.

28. Should the rules and regulations of the park be posted?
Yes. A copy of all rules and regulations should be posted in a conspicuous place in the park, such as the recreational hall.

29. Can the park owner prevent a homeowner from making interior improvements to their home, including restricting the installation of an electric or gas appliance?
No. The park owner cannot restrict any interior improvements or installation of an electric or gas appliance as long as the installation or improvement is in compliance with applicable building codes and other provisions of law. Furthermore, the park owner cannot charge a resident who installs such an appliance solely on the basis of such installation.

30Q: Can a park owner prevent a homeowner from having guests?
30A: No. The park owner can not limit your invitee’s stay as long as the stay does not exceed 15 consecutive days or 30 total days per year. A guest may exceed these limits if permission is given by the park owner or permitted to stay longer by a properly promulgated rule or regulation. A spouse of a mobile home owner is not considered a guest.

31Q: Can a park owner place restrictions on the sale of a mobile home?
31A: The park owner may not make or enforce any rule, regulation, or rental agreement which denies or abridges the right of any mobile home owner to sell his mobile home within the park. The park owner can make and enforce rules and regulations governing the size, placement, and character of all "for sale" signs.

32Q: Must I sign an exclusive right of resale agreement with the park owner prior to moving into the park?
32A: No. A mobile home owner or purchaser of an existing mobile home located within a park cannot be required to enter into, extend, or renew a resale agreement, as a condition of tenancy.

33Q: Can the park owner prevent the homeowners from peaceably assembling in the common areas of the park to discuss problems relative to the mobile home park?
33A: No. Such discussions may be held in the common or recreational areas of the park, including halls or centers, or in any resident’s mobile home. In addition, the park owner may not unreasonably restrict the use of any facility, including the use of utilities, during reasonable hours when requested.

34Q: Can the purchaser of a mobile home assume the remainder of the term of a rental agreement?
34A: Yes. A purchaser of a mobile home may assume the remainder of the lease of the home owner from whom he or she purchased the mobile home, if the purchaser has become a tenant of the park in accordance with section 723.059, Florida Statutes. The purchaser is entitled to rely on the terms and conditions of the prospectus as delivered to the initial recipient.

35. Are lifetime leases assumable by the purchaser of a mobile home?
No. Lifetime leases ore not assumable unless otherwise provided in the lot rental agreement or unless the transferee is the homeowner’s spouse.

36. What are grounds for eviction from a mobile home park?
-Nonpayment of lot rental amount.
-Conviction of a violation of a federal or state law or local ordinance, which violation may be deemed detrimental to the health, safety, or welfare of other residents or employees of the mobile home park.
-Violation of a park rule or regulation, the rental agreement, or Chapter 723, Florida Statutes.
Change in the use of the land comprising the mobile home park.
Mobile home owners, mobile home tenants and mobile home occupants are all subject to eviction.

37. I don’t like the way my homeowners’ association is conducting meetings. Can the division make them follow the bylaws?
The division is not statutorily empowered to enforce homeowner association bylaws, or to interfere in the internal operation of homeowner associations.

38. My prospectus indicates that the park owner will perform lawn maintenance. What does this mean?
Without a more specific description in the prospectus lawn maintenance includes only what the park owner determines to be lawn maintenance. If your prospectus describes what is included in lawn maintenance, then the park owner cannot reduce the service without a 90-day written notice to the affected homeowners.

40. Is there way to challenge my lot rent increase without having to go to court?
Yes. Homeowners can petition the division to initiate mediation to settle certain disputes with the park owner. There are specific procedures the homeowners must follow in order to have the division set up a mediation. Homeowners can petition for the following reasons:
-The rental increase is unreasonable
-The rental increase has made the lot rental amount unreasonable
-The decrease in service or utilities was not accompanied by a corresponding decrease in rent or is otherwise unreasonable
-The change in the rules and regulations is unreasonable