Fla. Stat. § 723.001 et seq. § 723.033
Unreasonable lot rental agreements; increases, changes.
Operative Text
(1) If the court, as a matter of law, finds a mobile home lot rental amount, rent increase, or change, or any provision of the rental agreement, to be unreasonable, the court may: (a) Refuse to enforce the lot rental agreement. (b) Refuse to enforce the rent increase or change. (c) Enforce the remainder of the lot rental agreement without the unreasonable provision. (d) Limit the application of the unreasonable provision so as to avoid any unreasonable result. (e) Award a refund or a reduction in future rent payments. (f) Award such other equitable relief as deemed necessary. (2) When it is claimed or appears to the court that a lot rental amount, rent increase, or change, or any provision thereof, may be unreasonable, the parties shall be afforded a reasonable opportunity to present evidence as to its meaning and purpose, the relationship of the parties, and other relevant factors to aid the court in making the determination. (3) For the purposes of this section, a lot rental amount that is in excess of market rent shall be considered unreasonable. (4) Market rent means that rent which would result from market forces absent an unequal bargaining position between mobile home park owners and mobile home owners. (5) In determining market rent, the court may consider rents charged by comparable mobile home parks in its competitive area. To be comparable, a mobile home park must offer similar facilities, services, amenities, and management. (6) In determining whether a rent increase or resulting lot rental amount is unreasonable, the court may consider economic or other factors, including, but not limited to, increases or decreases in the consumer price index, published by the Bureau of Labor Statistics of the Department of Labor; increases or decreases in operating costs or taxes; and prior disclosures. (7) An arbitrator or mediator under ss. 723.037, 723.038, and 723.0381 shall employ the same standards as set forth in this section.
Florida Statute § 723.033 gives courts the authority to review mobile home lot rental amounts, rent increases, or lease provisions that may be unreasonable, and to take a range of corrective actions if they find one to be so. A lot rental amount that exceeds market rent—defined as the rent that would result from market forces without an unequal bargaining position between park owners and mobile home owners—is considered unreasonable under this section. Courts may refuse to enforce the offending term, limit its application, or award refunds or reductions in future rent, among other equitable remedies. Arbitrators and mediators handling related disputes under §§ 723.037, 723.038, and 723.0381 apply the same standards.
Plain English — not legal advice.
Under Fla. Stat. § 723.033, operators of mobile home parks who set lot rental amounts or implement rent increases should be prepared to demonstrate that those amounts reflect actual market conditions and are supported by factors such as changes in the consumer price index, operating costs, taxes, or prior disclosures. Courts evaluating reasonableness may look at rents charged by comparable parks in the competitive area—those offering similar facilities, services, amenities, and management—so maintaining documentation of how rent levels were determined is a practice consistent with compliance. Park owners who participate in arbitration or mediation under §§ 723.037–723.0381 face the same reasonableness standards, making transparent and well-documented rent-setting practices broadly relevant across dispute resolution contexts.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Fla. Stat. § 723.033 provides mobile home lot tenants with a legal basis to challenge a lot rental amount, rent increase, or lease provision that they believe is unreasonable, including any amount that exceeds market rent as defined by the statute. If such a challenge is raised, the court must give both parties a reasonable opportunity to present evidence about the provision's meaning, the relationship between the parties, and other relevant factors before making a determination. Tenants who believe a rent increase or lease term may be unreasonable can explore options such as raising the issue in court proceedings, pursuing arbitration or mediation under §§ 723.037, 723.038, and 723.0381, or consulting a tenant-rights organization familiar with Florida mobile home park law for general information about available paths.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation