MOBILE HOME PARK EVICTIONS | CHPT 723 (TENANT OWNED HOMES)
FREQUENTLY ASKED QUESTIONS
FREQUENTLY ASKED QUESTIONS
Does Chapter 723 apply to my Park? Chapter 723 governs any residential tenancy in which a mobile home is placed upon a leased or rented lot in a mobile home park in which 10 or more lots are offered for rent or lease. See §723.002(1), Fla. Stat.
Can I evict a tenant for failure to pay the lot rent?Yes. Evicting a mobile home owner or tenant for failing to pay lot rent starts with sending a written notice demanding payment of the lot rental amount. If the default in payment continues for 5 days after delivery of the notice, the park owner may terminate the tenancy and file for eviction in the county court where the property is located. The demand notice must be in writing, posted on the premises, sent by certified or registered mail, return receipt requested, and addressed to the mobile home owner and tenant or occupant, as appropriate, at her or his last known address. See §723.061(4), Fla. Stat.
What is the time frame to evict a tenant for failure to pay lot rent?
In a standard, uncontested eviction under Chapter 723, Fla. Stat., for a tenant’s failure to pay lot rent, the eviction process, from the filing of the Complaint through execution of the Writ of Possession, is approximately 30-45 days. The general steps and potential causes for delay are outlined below.
File Complaint for Eviction (Tenant Removal Only)Potential Cause for Delay: Mantoni Legal will file the Complaint for tenant eviction the same day as we receive confirmation from the park to proceed; do not delay in advising us to proceed.
Receive issued Summons(es) from ClerkPotential Cause for Delay: Some counties issue the summons the same day as filing, others take at least 72 hours, or longer.
Service of Process (Serve the Defendant(s))Potential Cause for Delay: If the defendant(s) cannot be found, service can occur by posting on the home, after at least two attempts, no less than 6 hours apart.
Defendants have 5 days to respond to the Complaint after ServicePotential Cause for Delay: The 5 days does not include Saturdays, Sundays, or any legal holiday.
After the 5 days run, apply for a Clerk’s DefaultPotential Cause for Delay: Some counties/clerks issue the default quicker than others.
Once the Clerk’s Default is entered, apply for Final JudgmentPotential Cause for Delay: The most common cause for delay is waiting for the Judge to review and enter the Final Judgment, due to their heavy caseloads.
After Judgment is entered, apply for the Writ of Possession
Potential Cause for Delay: There is a mandatory, statutorily imposed 10 day waiting period after Judgment is entered before applying for the Writ of Possession in 723 evictions.
Sheriff’s Office receives, processes, and executes the Writ of Possession
Potential Cause for Delay: Some sheriff’s offices are busier than others, which affects the timeliness of execution.
Note: Title transfer to the manufactured home through the abandoned property process is a completely separate process, independent of the eviction action.
Step-By-Step Process of Uncontested 723 MHP Evictions
Can I evict a tenant for violating Park rules?
What is a Writ of Possession?
In an action for possession under Chapter 723, Fla. Stat., after entry of judgment in favor of the mobile home park owner, the clerk shall issue a Writ of Possession, describing the premises and commanding the sheriff to put the mobile home park owner in possession. Pursuant to Chapter 723, the Writ shall not issue earlier than 10 days from the date judgment is entered. The Writ is a court order removing anyone residing in the property and giving them 24 hours to move out. The 24 hour time period starts when the Writ of Possession is posted on the door to the mobile home by the sheriff. After the 24 hour time period expires, the sheriff will return to the home and remove anyone still residing in the property.
What is the procedure for execution/service of the Writ of Possession?
Once the Writ is issued by the Clerk, the Writ of Possession gets sent to the appropriate sheriff’s office for service on the defendant(s). The sheriff’s office must receive, process, and assign the Writ to a deputy for execution. Once assigned, the sheriff will coordinate with the landlord/Community Manager for execution. It is important for the landlord/Community Representative to remain polite, stay accessible, and coordinate with the sheriff’s office. At the time the sheriff executes the Writ of Possession, the landlord or the landlord’s agent may remove any personal property, including the mobile home, found on the premises to or near the property line or, in the case of the mobile home, into storage. The landlord may request that the sheriff stand by to keep the peace while the landlord removes personal property, although the sheriff may charge a reasonable hourly rate for doing so. See §723.062, Fla. Stat.
What happens if the mobile home occupants, tenants and/or mobile home owner returns to the home after the Writ of Possession is executed?
If the individuals who were previously evicted return to the home after the Writ of Possession was executed, the park owner should call the sheriff’s office that executed the Writ, advising them of the fact that these individuals have returned to the property after the Writ was executed. Depending on the circumstances and specifics facts of the situation, the sheriff may remove the individuals from the property for trespassing.
What happens to a tenant owned home after the Writ of Possession is executed?
Execution of the Writ of Possession physically removes the individuals subject to the eviction proceeding from the home and lot, but title to the mobile home still remains in the homeowner’s name. Consequently, after the Writ is executed, title to the mobile home will need to be transferred into the park owner’s name via the abandoned property process as outlined in Chapter 715, Fla Stat.