Florida Statutes 723.085 – Rights of lienholder on mobile homes in rental mobile home parks
Current as of: 2024 | Check for updates
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Terms Used In Florida Statutes 723.085
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- homeowner: means a person who owns a mobile home and rents or leases a lot within a mobile home park for residential use. See Florida Statutes 723.003
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lot rental amount: means all financial obligations, except user fees, which are required as a condition of the tenancy. See Florida Statutes 723.003
- Mobile home: means a residential structure, transportable in one or more sections, which is 8 body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to the required utilities, and not originally sold as a recreational vehicle, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. See Florida Statutes 723.003
- park: means a use of land in which lots or spaces are offered for rent or lease for the placement of mobile homes and in which the primary use of the park is residential. See Florida Statutes 723.003
- park owner: means an owner or operator of a mobile home park. See Florida Statutes 723.003
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(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.