Chapter 723 Notice Requirements: A Complete Reference

Every notice under the Florida Mobile Home Act must contain specific information, provide specific cure periods, and be delivered by specific methods. Get any element wrong and your eviction case gets dismissed. This guide covers them all.

The Florida Mobile Home Act imposes strict notice requirements on park owners before they may take any adverse action against a mobile home owner — whether that action is an eviction, a rent increase, a rule change, or a park closure. These requirements are codified primarily in Section 723.061(eviction notices),Section 723.037(rent increase and rule change notices), and Section 723.063(delivery methods). This page is a single reference for every notice a Florida mobile home park owner may need to serve.

Table of Contents

1. Master Notice Reference Table
2. How to Deliver Chapter 723 Notices
3. The Nonpayment Notice in Detail
4. The Rule Violation Notice in Detail
5. The Rent Increase Notice
6. Consequences of Defective Notices
7. Frequently Asked Questions

1. Master Notice Reference Table

2. How to Deliver Chapter 723 Notices

Section 723.063specifies three acceptable methods for delivering notices under Chapter 723.

Hand delivery directly to the mobile home owner. This is the most reliable method. Have the person delivering the notice sign an affidavit or declaration confirming the date, time, and manner of delivery. If the mobile home owner refuses to accept the notice, note the refusal — the refusal itself constitutes delivery.

Certified or registered mail addressed to the mobile home owner at the address of the mobile home in the park. Retain the certified mail receipt and the return receipt (green card) as proof of mailing and delivery. If the mobile home owner refuses to sign for the mail or the certified letter is returned unclaimed, you still have proof of mailing — but consider supplementing with posting (below).

Posting and mailing — if the mobile home owner is absent from the park, the notice may be posted on the mobile home in a conspicuous place and a copy mailed by regular mail to the mobile home owner at the address of the mobile home. This method should be used only when the mobile home owner cannot be reached by hand delivery or certified mail — typically when they are physically absent from the park.

Use Belt-and-Suspenders Delivery

Best practice is to use multiple delivery methods simultaneously: hand deliver the notice (with a witness), send it by certified mail, and post it on the mobile home. This eliminates any argument that the notice was not properly served and provides multiple forms of documentary proof for the court.

3. The Nonpayment Notice in Detail

The nonpayment notice under Section 723.061(1)(a) must contain an itemized statement of the amounts due. The itemization must separately state the lot rental amount, any additional charges (utility pass-throughs, assessments, common area fees), and any applicable late fees. A notice that states only a lump-sum total without itemization is defective. The notice must also state that the mobile home owner has five days to pay the full amount and that failure to pay will result in the filing of an eviction action.

The five-day period begins on the day after the notice is delivered. If the mobile home owner pays the full amount within the five-day period, the tenancy continues and no eviction may be filed. Partial payment does not constitute cure — the full amount must be paid. If the notice is sent by certified mail, the five-day period begins on the date of delivery (as shown on the return receipt), not the date of mailing.

4. The Rule Violation Notice in Detail

The rule violation notice must describe the specific violation— not in general terms, but with enough detail that the mobile home owner knows exactly what they did wrong and what they need to do to cure. A notice that says “you are in violation of park rules” without specifying which rule and what conduct violates it is defective. The notice should identify the specific rule by number or description, describe the violating conduct, and explain what the mobile home owner must do to cure.

First Violation

For a first violation, the mobile home owner gets thirty days to cure. If the violation is cured within thirty days, the tenancy continues. However, the park owner should retain the notice and proof of delivery in the file — if the same violation occurs again within twelve months, it becomes a repeat violation with different consequences.

Repeat Violation Within Twelve Months

If the mobile home owner commits the same violation within twelve months of receiving a prior written notice for the same violation, the park owner serves a new thirty-day notice that references the prior notice and states that the tenancy may be terminated regardless of whether the violation is cured. This is the key distinction — on a repeat violation, the mobile home owner’s right to cure is limited, and the park owner may proceed with eviction even if the current violation is corrected.

Incurable Violations

Some violations cannot be cured by their nature — for example, a criminal conviction on the premises, destruction of park property, or a violation that caused irreversible harm. For incurable violations, the park owner serves a thirty-day notice stating that the tenancy will be terminated and that the violation is not curable. The notice should explain why the violation cannot be cured.

5. The Rent Increase Notice

Under Section 723.037, the park owner must 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 of the increase, and the reasons for the increase. If the park owner fails to provide the full ninety-day notice, the rent increase is not effective until ninety days after the notice is actually provided. This means that if a park owner serves the notice only sixty days before the planned effective date, the increase does not take effect until ninety days from the date of service — a thirty-day delay.

The rent increase notice must also be provided to the mobile home owners’ association (if one exists in the park) at the same time it is provided to individual homeowners. The association has the right to meet with the park owner to discuss the increase.

6. Consequences of Defective Notices

A defective notice is the most common reason mobile home park evictions fail. Courts scrutinize Chapter 723 notices carefully because of the heightened protections the legislature intended for mobile home owners. Common defects that result in dismissal include failure to itemize the amounts due in a nonpayment notice; providing fewer than five days for a nonpayment cure or fewer than thirty days for a rule violation cure; failing to describe the specific rule violated; delivering the notice by regular mail only (instead of certified mail, hand delivery, or posting-and-mailing); failing to reference the prior notice in a repeat-violation notice; and providing fewer than ninety days for a rent increase.

When a notice is found defective, the court dismisses the eviction — typically without prejudice, meaning the park owner can serve a corrected notice and start the process over. But the dismissal costs time (weeks or months), attorney’s fees, and court costs, and gives the mobile home owner additional time in the park without paying rent or correcting the violation.

Have an Attorney Review Every Notice Before Service

Given the consequences of a defective notice, the minimal cost of having an attorney draft or review the notice before it is served is one of the best investments a park owner can make. A properly drafted notice that complies with every statutory requirement is the foundation of a successful eviction case.

Need a Chapter 723 Notice Drafted or Reviewed?

We draft compliant notices for every situation under the Florida Mobile Home Act — nonpayment, rule violations, rent increases, and park closure.

7. Frequently Asked Questions

Related Guides

• ← Back to: Mobile Home Park Eviction Attorney (Pillar Guide)
• Lot Rent Nonpayment Eviction
• Mobile Home Park Rule Violation Evictions
• Florida 3-Day Notice Guide (Chapter 83 Comparison)