Fla. Stat. § 723.001 et seq. § 723.031
Mobile home lot rental agreements.
Operative Text
(1) No rental agreement shall contain any rule or regulation prohibited by this chapter, nor shall it provide for promulgation of any rule or regulation inconsistent with this chapter or amendment of any rule or regulation inconsistently with this chapter. (2) Whether or not a tenancy is covered by a valid written rental agreement, the required statutory provisions shall be deemed to be a part of the rental agreement. (3) The homeowner shall have no financial obligation to the park owner as a condition of occupancy in the park, except the lot rental amount. The parties may agree otherwise as to user fees which the homeowner chooses to incur. No user fees shall be charged by the park owner to the mobile home owner for any services which were previously provided by the park owner and included in the lot rental amount unless there is a corresponding decrease in the lot rental amount. (4) No rental agreement shall be offered by a park owner for a term of less than 1 year, and if there is no written rental agreement, no rental term shall be less than 1 year from the date of initial occupancy; however, the initial term may be less than 1 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 1 year. (5) The rental agreement must contain the lot rental amount and services included. An increase in lot rental amount upon expiration of the term of the lot rental agreement must be in accordance with ss. 723.033 and 723.037 or s. 723.059(4), whichever is applicable; provided that, pursuant to s. 723.059(4), the amount of the lot rental increase is disclosed and agreed to by the purchaser, in writing. An increase in lot rental amount shall not be arbitrary or discriminatory between similarly situated tenants in the park. A lot rental amount may not be increased during the term of the lot rental agreement, except: (a) When the manner of the increase is disclosed in a lot rental agreement with a term exceeding 12 months and which provides for such increases not more frequently than annually. (b) For pass-through charges as defined in s. 723.003. (c) That a charge may not be collected which results in payment of money for sums previously collected as part of the lot rental amount. The provisions hereof notwithstanding, the mobile home park owner may pass on, at any time during the term of the lot rental agreement, ad valorem property taxes, non-ad valorem assessments, and utility charges, or increases of either, provided that the ad valorem property taxes, non-ad valorem assessments, and utility charges are not otherwise being collected in the remainder of the lot rental amount and provided further that the passing on of such ad valorem taxes, non-ad valorem assessments, or utility charges, or increases of either, was disclosed prior to tenancy, was being passed on as a matter of custom between the mobile home park owner and the mobile home owner, or such passing on was authorized by law. A park owner is deemed to have disclosed the passing on of ad valorem property taxes and non-ad valorem assessments if ad valorem property taxes or non-ad valorem assessments were disclosed as a separate charge or a factor for increasing the lot rental amount in the prospectus or rental agreement. Such ad valorem taxes, non-ad valorem assessments, and utility charges shall be a part of the lot rental amount as defined by this chapter. The term “non-ad valorem assessments” has the same meaning as provided in s. 197.3632(1)(d). Other provisions of this chapter notwithstanding, pass-on charges may be passed on only within 1 year of the date a mobile home park owner remits payment of the charge. A mobile home park owner is prohibited from passing on any fine, interest, fee, or increase in a charge resulting from a park owner’s payment of the charge after the date such charges become delinquent. A mobile home park owner is prohibited from charging or collecting from the mobile home owners any sum for ad valorem taxes or non-ad valorem tax charges in an amount in excess of the sums remitted by the park owner to the tax collector. Nothing herein shall prohibit a park owner and a homeowner from mutually agreeing to an alternative manner of payment to the park owner of the charges. (d) If a notice of increase in lot rental amount is not given 90 days before the renewal date of the rental agreement, the rental agreement must remain under the same terms until a 90-day notice of increase in lot rental amount is given. The notice may provide for a rental term shorter than 1 year in order to maintain the same renewal date. (6) Except for pass-through charges, as defined in this chapter, failure on the part of the mobile home park owner or developer to disclose fully all fees, charges, or assessments prior to tenancy, unless it can be shown that such fees, charges, or assessments have been collected as a matter of custom between the mobile home park owner and the mobile home owner, shall prevent the park owner or operator from collecting said fees, charges, or assessments; and refusal by the mobile home owner to pay any such fee, charge, or assessment shall not be used by the park owner or developer as a cause for eviction in any court of law. (7) No park owner may increase the lot rental amount until an approved prospectus has been delivered if one is required. This subsection shall not be construed to prohibit those increases in lot rental amount for those lot rental agreements for which an approved prospectus was required to be delivered and which was delivered on or before July 1, 1986, if the mobile home park owner had: (a) Filed a prospectus with the division prior to entering into the lot rental agreement; (b) Made a good faith effort to correct deficiencies cited by the division by responding within the time limit set by the division, if one was set; and (c) Delivered the approved prospectus to the mobile home owner within 45 days of approval by the division. This subsection shall not preclude the finding that a lot rental increase is invalid on other grounds and shall not be construed to limit any rights of a mobile home owner or to preclude a mobile home owner from seeking any remedies allowed by this chapter, including a determination that the lot rental agreement or any part thereof is unreasonable. (8) If a mobile home owner has deposited or advanced money on a rental agreement as security for performance of the rental agreement, which money is held in excess of 3 months by the mobile home park owner or his or her agent, such deposit shall be handled pursuant to s. 83.49. (9) No rental agreement shall provide for the eviction of a mobile home owner on a ground other than one contained in s. 723.061. (10) The rules and regulations and the prospectus shall be deemed to be incorporated into the rental agreement.
Florida Statute § 723.031 establishes the foundational rules governing mobile home lot rental agreements in the state. Rental agreements may not include provisions that conflict with Chapter 723, and the statute's required terms are automatically incorporated into every tenancy—written or not. The law limits what financial obligations a park owner may impose on homeowners beyond the lot rental amount, sets a minimum one-year rental term, restricts mid-term rent increases to specific circumstances, and requires full disclosure of fees before tenancy begins. Security deposits held for more than three months must be handled according to the procedures set out in Florida Statute § 83.49.
Plain English — not legal advice.
Under Fla. Stat. § 723.031, compliant mobile home park operators ensure that every lot rental agreement reflects only those fees, charges, and rules that are consistent with Chapter 723 and fully disclosed to prospective residents before tenancy begins. Operators generally offer rental terms of at least one year, include the lot rental amount and all covered services in the written agreement, and provide at least 90 days' written notice before any rent increase takes effect at renewal. Pass-through charges such as ad valorem taxes, non-ad valorem assessments, and utility costs are only passed on when properly disclosed and remitted within one year of the park owner's payment, and operators do not pass on any fines, interest, or fees arising from their own late payment of those charges.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Fla. Stat. § 723.031 provides mobile home owners with significant protections, including the right to a rental term of at least one year and the assurance that no fees or charges beyond the disclosed lot rental amount can be imposed without prior disclosure. If a park owner attempts to collect fees that were never disclosed before tenancy and cannot show they were collected as a matter of custom, a homeowner's refusal to pay those charges cannot be used as grounds for eviction in any court. Homeowners who believe their park owner has violated these provisions—such as by raising rent mid-term without a qualifying basis or failing to deliver an approved prospectus—may consider contacting a tenant-rights organization, reaching out to the Florida Division of Florida Condominiums, Timeshares, and Mobile Homes, or consulting a qualified attorney familiar with Chapter 723.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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