Eviction of a home owner in Florida


#1

I need to evict a home owner for non-payment of rent in Florida. He has 2 signed leases – one for the lot rent and a rent-to-own contract for the mobile home, he has been late twice this year already. I understand I can only evict based on non-payment of lot rent as he is a home owner and I would have to foreclose on the rent-to-own lease later, if necessary. Is it a 3-day or 5-day notice to pay lot rent or quit that I have to give him? I tried to Google this but can’t find an answer.

Florida Statute 723.061 states “if the mobile home owner or tenant, whichever is responsible, pays the lot rental amount due, including any late charges, court costs, and attorney’s fees, the court may, for good cause, deny the order of eviction, if such nonpayment has not occurred more than twice.” I know my tenant won’t be able to afford attorney’s fees and/or move the home from the park, so getting a final judgement on the lot rent should be sufficient?

If anyone has experience on this in Florida, please advise what would be the best way to handle this situation. I want to try and do it myself as it looks like attorney’s fees would be around $1,500.


#2

3 days.

http://www.flsenate.gov/Laws/Statutes/2011/Chapter83/All

83.20, sub section 2.


#3

Thank you. I just read that you can also evict for non-payment of rent on a rent-to-own contract, looks like 2-3 rent-to-own contracts per year are SAFE ACT compliant in Florida. Can I serve one 3-day notice for both lot rent and home rent or those have to be separate notices which have to be filed separately in court?


#4

I suspect you will have fewer hiccups procedurally if you file them separately. Legal folks get bent out of shape when you shoehorn multiple things together. Good luck!


#5

Thanks a lot for your advise! One last question, can someone (who is not a licensed attorney) with a power of attorney from my LLC serve the 3-day notice to the tenant and then file it in court or this has to be done either by myself personally or my attorney?


#6

It makes sense theoretically.

Here’s what I would do. You can find attorneys in any local market that will consult you in 15 or 30 minute intervals. For you first one why don’t you get one on retainer to just talk you through these questions on the phone - and after that you’re basically an expert since you’re willing to do the legwork.

You might pay a couple hundred bucks worst case, but that’s the educational value and will serve you really well in the future - and you have confidence you’re legally sound.

I use this approach for any new process I try to learn, recently a probated will land purchase deal from a Seller who inherited from his late grandfather that died 20 year prior. It was a mess, but an interesting experience.


#7

Google this “chapter 723 eviction Santa Rosa County, Florida.” They put the entire procedure online a few years ago. It’s neither 3 days nor 5 days. I have the initial form that you have to file (to give them 15 business days) and how you have to send it in triplicate, blah, blah, but beyond that point, I turn it over to the paralegal. And yes, it costs $1500-$2000. :frowning:


#8

Chapter 723 is only applied to parks with 26 or more residents owned homes as far as I know. My park is less than 26 units.