Fla. Stat. § 723.001 et seq. § 723.085
Rights of lienholder on mobile homes in rental mobile home parks.
Operative Text
(1) It shall be unlawful for a mobile home park owner to execute on a writ of possession of a mobile home that is either undergoing foreclosure of a lien for unpaid purchase price or first lien, properly noticed pursuant to this act, or that has been foreclosed on by the lienholder, and the lienholder is the titleholder of the mobile home, so long as the lot rental amount is paid in accordance with s. 723.084(6). (2) Upon the foreclosure of the lien for unpaid purchase price and sale of the mobile home, the owner of the mobile home must qualify for tenancy in the mobile home park in accordance with the rules and regulations of the mobile home park. The park owner shall comply with the provisions of s. 723.061 in determining whether the homeowner may qualify as a tenant.
Florida Statute § 723.085 addresses the relationship between mobile home lienholders and mobile home park owners during and after foreclosure proceedings. Under this provision, a park owner is prohibited from executing a writ of possession against a mobile home that is actively undergoing foreclosure of a purchase-price or first lien, or that has already been foreclosed upon and is now titled to the lienholder, as long as the lot rent is being paid as required. Once a foreclosure sale is completed and ownership of the mobile home changes hands, the new owner must go through the park's standard qualification process for tenancy, and the park owner must follow the eviction and tenancy procedures outlined in § 723.061 when evaluating that application.
Plain English — not legal advice.
Under Fla. Stat. § 723.085, compliant mobile home park operators generally refrain from pursuing a writ of possession against a mobile home that is in active lien foreclosure or has been acquired by a lienholder through foreclosure, provided lot rent payments are current under § 723.084(6). When a foreclosure sale concludes and a new owner seeks to occupy the home, park operators typically apply their standard qualification rules and regulations to that prospective tenant. The tenancy-qualification review must follow the procedures set out in § 723.061, meaning the same notice and process requirements that apply to other tenancy determinations govern this situation as well.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Fla. Stat. § 723.085 provides protections for mobile home occupants and lienholders during foreclosure by restricting a park owner's ability to remove a mobile home from the lot while a qualifying lien foreclosure is in progress or after a lienholder has taken title, so long as lot rent is kept current. If a park owner attempts to execute a writ of possession in circumstances that appear to conflict with this provision, occupants or lienholders may have grounds to raise the statute as a defense in the relevant legal proceeding. Tenants or lienholders who believe their rights under § 723.085 are being violated may consider consulting a tenant-rights organization, a legal aid office, or a licensed Florida attorney familiar with mobile home park law to understand available options.
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