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.