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What are the legal options when we do not own the land our mobile home is on? When can the new owner evict us? Legal advice?

Steinhatchee, FL |

We own a mobile home in florida, but not the land it is on. The land was sold in December 2012, we received a certified letter mid December 2012 that said we must pay a much higher rent, sell the mobile home to him, or move it. There is no written lease, and we have been trying to negotiate a price with the new owner up until yesterday, but he is not offering us a fair price for all that is included. The mobile home has been there for about 15 years.

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Attorney answers 3


If you live in a mobile home park where there are more than 10 lots for rent, own the mobile home, and rent the lot, then you have specific rights pursuant to Florida Statute Chapter 723. You should have received a prospectus when you moved into the park that governs many of your and the owner's rights and responsibilities - however, Florida Statute Chapter 723 may overrule the prospectus and lease in certain circumstances. The park owner does have the right to increase the rent, subject to the provisions of Chapter 723. The letter you received must strictly comply with statutory requirements for the lot rent increase to be effective. If the park owner did not comply with Chapter 723, the lot rent increase may be invalid. You should take the letter you received to an attorney who is well-versed in Mobile Home Law, and Chapter 723, and make sure the park owner is proceeding properly pursuant to the statute and prospectus.

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I agree with Mr. Yesner, the mobile home park statute gives very specific time frames and guidelines as to how an owner of the park can raise your rent. If however, you are not part of a park then your prior landlord or owner of the real property would have sold the land subject to your lease. Since you didn't have a lease you are essentially a month to month tenant and the owner can terminate your lease with 15 days notice and you will have to take all your personal property with you (including the mobile home).

Good luck and if you can't afford an attorney call your local office of Florida Rural Legal services.

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Assuming you fall under Chapter 83 Landlord / Tenant and not the mobile home statute for parks, the new owner will have to take the month-to-month as it is until he properly terminates it.

The new owner can terminate the current month-to-month agreement at any time by writing you a termination letter, sent certified mail, that you receive at least 15 days before the next rent is due.

If you received the letter with at least 15 days' notice before January 1st, 2013, and your rent is due on the first of each month, then you are obligated to pay the higher rent or move.

If you received the letter with not enough time before January 1st, 2013, then you owe the rent you had been paying previously for January 1st and the higher rent for February 1st.

You can terminate the lease if you wish by sending the new owner a letter via certified mail stating that you are terminating the lease as of February 28th, 2013 and will be returning possession to him as of 2-28-2013. You will still have to pay rent for January and February as outlined above.

The new owner can serve a notice for non-payment if he names the correct amount of past due rent and posts or serves it properly. Then, he can begin an eviction lawsuit if the notice passes its' comply-by date and you have not complied.

Good luck!

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