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Mobile Home Park Eviction Attorney Florida — Chapter 723 Lot Tenancy Guide

Evicting a mobile home owner from a lot in a Florida mobile home park is governed by its own statute — Chapter 723 — with rules that differ dramatically from standard residential evictions. This guide covers every ground, every notice, and every procedural trap.

Mobile home park evictions in Florida are unlike any other type of eviction. When a park owner needs to remove a mobile home owner from a lot, the process is not governed by the Florida Residential Landlord and Tenant Act (Chapter 83), which applies to apartment and house rentals. Instead, mobile home lot tenancies are governed by the Florida Mobile Home Act, codified in Chapter 723, Florida Statutes. Chapter 723 creates an entirely separate legal framework — with different notice periods, different grounds for eviction, different procedural requirements, and unique considerations that arise because the mobile home owner owns their home (a personal property asset) but merely rents the lot on which it sits.

This dual-ownership structure — the tenant owns the home but rents the land — creates legal complexity that does not exist in any other landlord-tenant context. When a residential tenant is evicted from an apartment, they take their belongings and leave. When a mobile home owner is evicted from a lot, the question of what happens to the mobile home itself — a structure that may be worth $20,000 to $200,000 or more — adds an entirely separate layer of legal, practical, and financial considerations. The mobile home cannot simply be left on the lot (the park owner needs the lot for a new tenant), but moving a mobile home is expensive ($5,000 to $15,000 or more) and may not be physically feasible for older units.

This guide is written for Florida mobile home park owners, park operators, and property managers who need to understand the Chapter 723 eviction process — when it can be used, what notices must be served, what grounds are available, and how the process differs from standard residential eviction.

Understanding Chapter 723: The Florida Mobile Home Act
The Lot Rental Agreement
Grounds for Eviction Under Chapter 723
Notice Requirements: The Heart of Chapter 723 Compliance
The Eviction Process Step by Step
Abandoned Mobile Homes on Park Lots
Park Closure and Change of Use
Chapter 723 vs. Chapter 83: Key Differences
Timeline and Costs
Related Guides
Frequently Asked Questions

1. Understanding Chapter 723: The Florida Mobile Home Act

The Florida Mobile Home Act, Chapter 723, governs the relationship between mobile home park owners(who own the land) and mobile home owners(who own the homes but rent the lots). The statute was enacted to address the unique vulnerability of mobile home owners: unlike apartment tenants who can move to a new apartment if they lose a lease, mobile home owners have a substantial investment in a structure that is expensive and often impractical to relocate. Chapter 723 reflects this by providing mobile home owners with heightened protections — longer notice periods, more opportunities to cure violations, and specific procedural requirements that park owners must follow precisely.

Who Does Chapter 723 Apply To?

Chapter 723 applies to any mobile home park with ten or more lots offered for rent, and to the tenancy of any mobile home owner who rents a lot in such a park. It does not apply to recreational vehicle parks, to mobile homes on individual lots (not part of a park), or to situations where the park owner also owns the mobile home and rents both the lot and the home together — in that case, the tenancy is governed by Chapter 83, just like any other residential rental. The critical distinction is that Chapter 723 applies when the tenant owns the mobile home and rents only the lot.

Under Section 723.002, the Act covers “mobile home” as defined to include manufactured homes installed on a lot in a mobile home park. The definition is broad and includes both older “mobile homes” built before June 15, 1976, and newer “manufactured homes” built to federal HUD standards after that date.

Chapter 723 Is Not Chapter 83

The most common — and most costly — mistake park owners make is treating a mobile home lot eviction like a standard residential eviction under Chapter 83. The notice periods are different. The grounds are different. The cure periods are different. The procedural requirements are different. Using a Chapter 83 notice (such as a standard three-day notice to pay rent or vacate) in a Chapter 723 context is almost certainly defective and will result in dismissal of the eviction case. Always use the notices and procedures specified in Chapter 723.

2. The Lot Rental Agreement

The lot rental agreement is the contract between the park owner and the mobile home owner for the rental of the lot. Under Section 723.031, the lot rental agreement must be offered for a term of at least one year (unless the mobile home owner requests a shorter term in writing). This minimum-term requirement is one of the most significant differences from Chapter 83, where month-to-month tenancies are common. The purpose of the minimum term is to provide mobile home owners with stability — since they own the home and cannot easily relocate it, they need assurance that their lot rental will not be terminated on short notice.

The lot rental agreement must include the lot rental amount and all charges or assessments, the term of the agreement, the park rules and regulations, the name and address of the park owner, a description of the lot being rented, and any services or facilities included in the lot rental amount. Under Section 723.031(5), the park owner must also provide a prospectus that contains specific disclosures about the park’s history, financial condition, and planned changes.

Rent Increases

Rent increases in mobile home parks are governed by Section 723.037, which requires the park owner to provide at least ninety days’ written notice before any lot rental increase takes effect. The notice must state the new rental amount, the effective date, and the reasons for the increase. This ninety-day notice requirement applies even if the lot rental agreement allows for periodic increases — the park owner must still provide the statutory notice. Failure to comply with the rent-increase notice requirements can undermine the park owner’s ability to collect the increased amount and can create defenses in a subsequent nonpayment eviction.

3. Grounds for Eviction Under Chapter 723

Section 723.061enumerates the specific grounds on which a park owner may evict a mobile home owner. The grounds are exclusive — a park owner may not evict on any ground not specified in the statute. The statutory grounds are:

Nonpayment of Lot Rent

The most common ground. The mobile home owner has failed to pay lot rent or other charges due under the lot rental agreement. Before filing an eviction, the park owner must serve a written notice giving the mobile home owner the opportunity to cure the nonpayment. The notice and cure period requirements are detailed in Section 4below and in our spoke page: Lot Rent Nonpayment Eviction.

Violation of a Park Rule or Regulation

The mobile home owner has violated a reasonable rule or regulation of the park. The rule must have been in effect at the time the lot rental agreement was entered into, or must have been adopted or amended in accordance with the procedures in Section 723.037(which requires notice and an opportunity for homeowners to comment). The violation must be of a reasonable rule — a park rule that is arbitrary, discriminatory, or unrelated to the operation of the park may be challenged by the mobile home owner as unenforceable. For a detailed guide, see: Mobile Home Park Rule Violation Evictions.

Violation of a Provision of Chapter 723

The mobile home owner has violated a provision of the Florida Mobile Home Act itself — for example, by making unapproved alterations to the lot or by subletting in violation of the statute.

Conviction of a Violation of Federal, State, or Local Law

The mobile home owner (or a member of their household) has been convicted of violating a law or ordinance that relates to the mobile home, the lot, or the mobile home park. This ground requires a conviction— a mere arrest or charge is not sufficient. Common qualifying convictions include drug offenses committed on the premises, domestic violence offenses occurring on the lot, and building code violations related to modifications of the mobile home.

Change of Use of the Mobile Home Park

The park owner intends to change the use of the park land — for example, to close the park and redevelop the property. This ground requires extensive advance notice (at least six months and in some cases twelve months) and may trigger relocation assistance requirements. For a comprehensive analysis, see: Park Closure and Relocation.

Retaliation Is Prohibited

Under Section 723.062, a park owner may not increase lot rent, decrease services, or attempt to evict a mobile home owner in retaliation for the mobile home owner’s exercise of any right under Chapter 723 — including the right to organize, to participate in homeowner meetings, to complain about park conditions, or to contact government agencies about code violations. If a mobile home owner raises a retaliation defense in an eviction proceeding, the burden shifts to the park owner to prove that the eviction was based on a legitimate ground and not retaliatory motive.

4. Notice Requirements: The Heart of Chapter 723 Compliance

The notice requirements under Chapter 723 are specific, mandatory, and unforgiving. A defective notice — wrong content, wrong cure period, wrong delivery method — will result in dismissal of the eviction case. Park owners must follow the statutory requirements exactly.

Notice for Nonpayment of Lot Rent

Under Section 723.061(1)(a), the park owner must serve a written notice on the mobile home owner stating the amount due, including a specific itemization of the lot rent, any additional charges, and any applicable late fees. The notice must provide the mobile home owner with a period of not less than five days to pay the amount due. If the mobile home owner pays the full amount within the five-day period, the tenancy continues. If the mobile home owner does not pay, the park owner may file the eviction action after the five-day period expires.

Notice for Rule Violations

For rule violations, the notice requirements depend on whether the violation is curable or incurable, and whether it is a first or repeat violation.

For a first curable violation, the park owner must serve a written notice describing the violation and providing the mobile home owner with thirty days to cure it. If the violation is cured within thirty days, the tenancy continues. If the violation is not cured, the park owner may file the eviction action.

For a repeat violation of the same rule within twelve months of a prior written notice, the park owner must serve a written notice describing the repeat violation and providing the mobile home owner with thirty days to cure. However, on a repeat violation, the park owner may proceed with eviction even if the violation is cured — the mobile home owner’s right to cure is limited, and repeated violations of the same rule can support eviction even after each individual violation is corrected.

For incurable violations— violations that by their nature cannot be remedied (for example, a conviction for a crime committed on the premises) — the park owner must serve a written notice describing the violation and stating that the tenancy will be terminated in not less than thirty days.

Notice for Park Closure or Change of Use

Under Section 723.061(1)(d), when the park owner intends to change the use of the park, the park owner must provide written notice at least six months before the date the mobile home owners must vacate. In practice, many local government approvals and permitting processes extend this timeline significantly. Additionally, under certain circumstances, the park owner may be required to provide relocation assistance to displaced mobile home owners. See: Park Closure and Relocation.

How Notices Must Be Delivered

Notices under Chapter 723 must be delivered in accordance with Section 723.063, which requires delivery by one of the following methods: hand delivery to the mobile home owner; mailing by certified or registered mail to the mobile home owner at the address of the mobile home in the park; or, if the mobile home owner is absent from the mobile home park, by posting the notice on the mobile home and mailing a copy to the mobile home owner at the address of the mobile home. For a detailed breakdown, see: Chapter 723 Notice Requirements.

Notice Precision Is Not Optional

Courts scrutinize Chapter 723 notices with extreme care. A notice that fails to itemize the amount due (for nonpayment), that provides twenty-nine days instead of thirty for a rule violation cure period, or that is delivered by regular mail instead of certified mail can — and routinely does — result in dismissal. The heightened protections of Chapter 723 reflect the legislature’s recognition that mobile home owners face unique hardship when displaced. Park owners must respect these protections or face the consequences in court.

5. The Eviction Process Step by Step

Step 1: Identify the ground for eviction. Determine which statutory ground under Section 723.061 applies to the situation. This determines the notice that must be served, the cure period that must be provided, and the procedural requirements that must be followed.

Step 2: Serve the statutory notice. Serve the appropriate notice in strict compliance with Chapter 723 — correct content, correct cure period, correct delivery method. Retain proof of delivery (certified mail receipt, process server affidavit, or other documentation).

Step 3: Wait for the cure period to expire. If the notice provides a cure period, you must wait for the full cure period to expire before filing the eviction. If the mobile home owner cures the violation within the cure period (pays the rent, corrects the rule violation), the eviction cannot proceed — unless it is a repeat violation within twelve months.

Step 4: File the eviction complaint. After the cure period expires without cure, file the complaint for eviction in the county court of the county where the park is located. The complaint should allege the lot rental agreement, the specific ground for eviction, the notice that was served (attaching a copy), the cure period that was provided, and the mobile home owner’s failure to cure.

Step 5: Service of process. The complaint and summons must be served on the mobile home owner. The mobile home owner has five business days(excluding Saturdays, Sundays, and legal holidays) to file a written defense after service.

Step 6: Default or hearing. If the mobile home owner does not file a defense within the five-day period, the park owner may move for default and final judgment. If the mobile home owner files a defense, the court sets the matter for hearing. The court may also require mediation under some circumstances.

Step 7: Final judgment and writ of possession. If the court rules in the park owner’s favor, it enters a final judgment for possession. The clerk issues a writ of possession, and the sheriff executes the writ — posting it on the mobile home and giving the mobile home owner at least twenty-four hours to remove themselves and their personal property. The question of what happens to the mobile home itself is addressed separately (see Section 6).

6. Abandoned Mobile Homes on Park Lots

One of the most complex issues in mobile home park eviction is what happens to the mobile home after the owner is evicted or after the owner simply abandons the unit and disappears. The mobile home is the owner’s personal property — the park owner cannot simply demolish it or dispose of it without following specific legal procedures.

Under Section 723.071, when a mobile home owner is evicted and fails to remove the mobile home from the lot, the park owner must follow the statutory procedures for dealing with the remaining home. The park owner may have a lien on the mobile home for unpaid lot rent and other charges under Section 723.081, and may enforce that lien through sale of the mobile home after providing proper notice to the mobile home owner and any lienholders of record.

The abandonment situation is even more complex when the mobile home owner has disappeared entirely. The park owner must still follow the statutory notice and lien procedures, but service of notice on an absent owner requires additional steps (such as publication). For a detailed guide, see: Handling Abandoned Mobile Homes in Florida Parks.

7. Park Closure and Change of Use

When a mobile home park owner decides to close the park — whether to redevelop the land, sell it for a different use, or simply cease operations — the process is one of the most heavily regulated in all of Florida real estate law. The park owner must provide at least six months’ notice to all mobile home owners before they are required to vacate. In some cases, local ordinances require even longer notice periods.

The closure notice must comply with Section 723.061(1)(d) and must include the date by which the mobile home owners must vacate, the reason for the closure, information about any relocation assistance being offered, and a statement of the mobile home owner’s rights under Chapter 723.

Mobile home owners displaced by a park closure may be entitled to compensation, depending on the circumstances and any applicable local ordinances. Some Florida counties and municipalities have enacted mobile home park closure ordinances that require the park owner to provide relocation assistance — typically a cash payment to help the mobile home owner cover the cost of moving the home or, if the home cannot be moved, to partially compensate for the loss. The amount of relocation assistance varies by jurisdiction and may be a fixed amount per unit or a percentage of the home’s appraised value.

Park closure cases are among the most litigated matters in mobile home park law, and they often involve challenges from mobile home owners’ associations, local government intervention, and significant public attention. For a comprehensive analysis, see: Park Closure and Relocation.

8. Chapter 723 vs. Chapter 83: Key Differences

Feature	Chapter 83 (Residential)	Chapter 723 (Mobile Home Lot)
Applies to	Apartments, houses, condos — tenant rents dwelling	Mobile home lots — tenant owns home, rents lot
Minimum lease term	No minimum	One year (§ 723.031)
Nonpayment cure period	3 days	5 days (§ 723.061)
Rule violation cure period	7 days (curable); 7 days (incurable, no cure)	30 days (curable); 30 days (incurable, no cure)
Rent increase notice	Varies (15–60 days depending on tenancy)	90 days (§ 723.037)
Tenant owns property on premises?	Only personal belongings	Entire mobile home (major asset)
Park closure notice	N/A	6+ months (§ 723.061)
Homeowner association	N/A	Recognized under §§ 723.075–723.079
Retaliation protection	§ 83.64	§ 723.062 (broader)

When Chapter 83 Does Apply in a Mobile Home Park

If the park owner owns both the lot and the mobile home and rents both to the tenant, the tenancy is governed by Chapter 83, not Chapter 723. This is because the tenant does not own the mobile home — they are renting a dwelling unit, just like an apartment tenant. Similarly, if the “mobile home” is actually a recreational vehicle (RV) in an RV park, Chapter 723 does not apply. Always verify the ownership structure before determining which statute governs.

9. Timeline and Costs

Stage	Nonpayment Eviction	Rule Violation Eviction
Serve statutory notice	Day 1	Day 1
Cure period expires	Day 6 (5-day cure)	Day 31 (30-day cure)
File eviction complaint	Day 7–10	Day 32–35
Service of process	1–7 days after filing	1–7 days after filing
Response period	5 business days	5 business days
Default or hearing	1–4 weeks	1–4 weeks
Writ of possession	1–2 weeks	1–2 weeks
Total (uncontested)	4–8 weeks	8–12 weeks

Contested cases — particularly those involving rule violation disputes, retaliation defenses, or challenges to the validity of the notice — can take significantly longer, potentially three to six months or more.

Cost Estimates

Cost Component	Estimated Range
Court filing fees	$300–$400
Service of process	$40–$100
Attorney’s fees (uncontested)	$2,000–$5,000
Attorney’s fees (contested)	$5,000–$15,000+
Mobile home removal (if abandoned)	$5,000–$15,000

Mobile Home Park Eviction Issues?

Chapter 723 compliance is unforgiving. Whether you’re dealing with nonpayment, rule violations, abandoned homes, or a park closure, we know the statute inside and out.

10. Related Guides

Explore Our Other Eviction & Property Guides

Florida Residential Eviction Attorney — Landlord Guide
Remove Squatters in Florida — Unlawful Detainer Attorney
Florida Ejectment Lawyer — Title Disputes & Property Recovery
Section 8 Eviction Lawyer Florida — Housing Voucher Eviction Guide
Florida Landlord Security Deposit Laws — Complete Guide

11. Frequently Asked Questions

Can I use a standard three-day notice to evict a mobile home owner for nonpayment?

No. The three-day notice to pay rent or vacate is a Chapter 83 notice used for standard residential tenancies. Mobile home lot tenancies are governed by Chapter 723, which requires a minimum five-day cure period for nonpayment, specific itemization of the amount due, and delivery by the methods prescribed in Section 723.063. Using a Chapter 83 notice will result in dismissal of the eviction case.

What happens to the mobile home after the owner is evicted?

The mobile home remains the personal property of the evicted owner. The park owner cannot destroy it, move it, or sell it without following the lien and notice procedures under Sections 723.071 and 723.081. If the owner does not remove the home within a reasonable time after the eviction, the park owner may enforce a lien for unpaid rent and charges and, after proper notice, sell the home. If the home has no value (many older units are worth less than the cost of removal), the park owner may need to pay for demolition and disposal — a significant expense.

How long does it take to evict a mobile home owner in Florida?

An uncontested nonpayment eviction typically takes four to eight weeks from the date the five-day notice is served. A rule violation eviction takes longer — eight to twelve weeks — because of the thirty-day cure period. Contested cases can take three to six months or more. Park closure cases, which involve six-month notice periods and often litigation, can take a year or longer to fully resolve.

Can a mobile home owner challenge a park rule as unreasonable?

Yes. Under Chapter 723, park rules must be reasonable. If a park owner files an eviction based on a rule violation, the mobile home owner may defend by arguing that the rule is unreasonable — that it is arbitrary, discriminatory, unrelated to the safe and efficient operation of the park, or that it was adopted without following the proper notice and comment procedures. Courts evaluate reasonableness on a case-by-case basis.

Does Chapter 723 require the park owner to offer a new lease at the end of the term?

Section 723.031 provides that at the expiration of the lot rental agreement, the park owner must offer the mobile home owner a new lot rental agreement for a term of at least one year (unless the mobile home owner requests a shorter term). The park owner may increase the rent, but must comply with the ninety-day notice requirement for rent increases. The park owner may not refuse to renew the lease except on the grounds specified in Section 723.061. This renewal requirement is one of the strongest protections Chapter 723 provides — it prevents park owners from simply refusing to renew a lease to get rid of a mobile home owner.

Is there a homeowner’s association in mobile home parks?

Chapter 723 recognizes mobile home owners’ associations under Sections 723.075 through 723.079. A homeowners’ association may be formed by a majority vote of the mobile home owners in the park. The association has the right to receive notices of rule changes and rent increases, to meet with park management, and to participate in certain decisions affecting the park. In eviction cases, the association may intervene or provide support to the mobile home owner — particularly in park closure cases.