Eviction; grounds, proceedings

Common Elements summary — Section 723.061 lists the exclusive grounds on which a park owner may evict a mobile-home owner from a park: (a) nonpayment of lot rental amount, (b) conviction of a violation of a federal or state law or local ordinance that may be deemed detrimental to the health, safety, or welfare of other residents, (c) violation of a park rule or rental agreement that is reasonable and significant, (d) change in use of the park land, or (e) failure of the purchaser/transferee/assignee to be qualified as a tenant. For mobile-home-park homeowners' associations this section is the protective floor. A park owner cannot evict for reasons outside the 723.061 list, and the procedural requirements (written notice with the specific ground, opportunity to cure where the chapter requires) are strict. The change-in-use ground is the one that has consumed Florida park communities over the last two decades. When a park owner files a 723.061(1)(d) change-in-use notice, the homeowners' association's right of first refusal under 723.071/723.072 is triggered. Boards facing this scenario should engage counsel within days, not weeks.

Not legal advice. Click through to the official source for statutory text.