Lot Rent Nonpayment: Evicting for Unpaid Mobile Home Lot Rent

When a mobile home owner stops paying lot rent, the eviction process under Chapter 723 has its own rules — different notices, different timelines, and a unique complication: the mobile home itself stays behind.

Nonpayment of lot rent is the most common ground for mobile home park evictions in Florida. The process begins with a five-day notice under Section 723.061(1)(a), but the similarities to a standard Chapter 83 nonpayment eviction end there. The notice must contain an itemized breakdown of amounts due. The cure period is five days (not three). And the question of what happens to the mobile home after eviction creates complications that do not exist in any other eviction context.

Table of Contents

1. The Five-Day Notice: Content and Delivery
2. Filing the Eviction After the Cure Period
3. Common Defenses to Nonpayment Evictions
4. What Happens to the Mobile Home
5. Frequently Asked Questions

1. The Five-Day Notice: Content and Delivery

The notice must contain an itemized statement of every amount owed. This means separately stating the lot rental amount, any utility pass-through charges, common area maintenance assessments, late fees, and any other charges authorized by the lot rental agreement. A notice that states only a lump-sum total — for example, “You owe $1,847.00” without breaking down the components — is defective and will not support an eviction action.

The notice must provide the mobile home owner with at least five calendar days to pay the full amount due. The five-day period begins the day after delivery. If the fifth day falls on a Saturday, Sunday, or legal holiday, it extends to the next business day. The notice must state that if the full amount is not paid within the five-day period, the park owner will file an eviction action.

Delivery must comply with Section 723.063: hand delivery, certified or registered mail, or posting-and-mailing if the owner is absent. For detailed delivery requirements, see: Chapter 723 Notice Requirements.

Partial Payment Does Not Cure

If the mobile home owner pays less than the full amount stated in the notice within the five-day period, the nonpayment is not cured. The park owner may proceed with the eviction for the unpaid balance. However, the park owner should not accept partial payment without clearly reserving the right to proceed with eviction — accepting partial payment without reservation may be argued as a waiver of the nonpayment ground.

2. Filing the Eviction After the Cure Period

Once the five-day cure period expires without full payment, the park owner files the eviction complaint in county court. The complaint should allege the lot rental agreement (attaching a copy), the amount of lot rent and charges due, the notice that was served (attaching a copy with proof of delivery), the five-day cure period provided, and the mobile home owner’s failure to pay the full amount within the cure period.

The mobile home owner has five business days after service of the complaint to file a written defense. If no defense is filed, the park owner may move for default and final judgment. If a defense is filed, the court sets the matter for hearing — typically within two to four weeks.

3. Common Defenses to Nonpayment Evictions

Defective notice. The most common defense — the notice failed to itemize amounts, provided fewer than five days for cure, was not properly delivered, or contained other defects. Courts dismiss evictions based on defective notices routinely.

Improper rent increase. The mobile home owner argues that the lot rent was increased without the ninety-day notice required by Section 723.037, and that the “nonpayment” is actually the mobile home owner’s refusal to pay an improperly noticed increase. If the rent increase was defective, the prior rental amount remains in effect, and the mobile home owner’s obligation is limited to the old amount.

Retaliation. Under Section 723.062, the mobile home owner argues that the eviction is in retaliation for exercising a right under Chapter 723 — such as complaining about park conditions, organizing homeowners, or contacting government agencies.

Park owner’s breach. The mobile home owner argues that the park owner failed to maintain the common areas, provide agreed-upon services, or comply with the lot rental agreement, and that the nonpayment is justified as a result. While Chapter 723 does not explicitly provide for rent withholding (as Chapter 83 does), the defense may be raised and evaluated by the court.

4. What Happens to the Mobile Home

After the eviction judgment is entered and the writ of possession is executed, the mobile home owner is removed from the lot — but the mobile home remains. The park owner cannot simply demolish or dispose of the mobile home; it is the owner’s personal property regardless of the eviction.

The park owner’s primary tool is the statutory lien under Section 723.081, which gives the park owner a lien on the mobile home for all unpaid lot rent, charges, and reasonable attorney’s fees. The park owner may enforce this lien through a judicial or non-judicial sale of the mobile home after providing the required notice to the former owner and any lienholders of record. For a detailed guide, see: Handling Abandoned Mobile Homes.

If the mobile home has no market value — many older units are worth less than the cost of removal — the park owner faces the practical problem of paying $5,000 to $15,000 or more to have the unit demolished and removed from the lot. This cost is often unrecoverable, which is why many park owners prefer to negotiate a resolution before the eviction reaches judgment.

Mobile Home Owner Not Paying Lot Rent?

We handle lot rent nonpayment evictions from notice through judgment — and help resolve the mobile home disposition question efficiently.

5. Frequently Asked Questions

Related Guides

• ← Back to: Mobile Home Park Eviction Attorney (Pillar Guide)
• Chapter 723 Notice Requirements
• Handling Abandoned Mobile Homes
• Chapter 83 Three-Day Notice (Comparison)