Rental agreements; term

Common Elements summary — Section 723.066 sets default rules for the term of a mobile-home-park rental agreement when the parties have not specified one. The default term is one year, with automatic renewal year-to-year unless either party gives written notice at least 90 days before the renewal date. The notice rule favors the homeowner: a park owner who fails to give a timely change-in-rent notice is generally bound to the prior year's lot rental amount. For park homeowners' associations this section is the procedural backbone behind rent increases. Combined with the 723.037 prospectus-disclosure rules and the 723.033 unconscionability test, 723.066 gives associations a basis to push back on a park owner who tries to raise rent without proper notice or who tries to short-circuit the annual cycle. Boards should keep a calendar of the 90-day notice deadlines for the park. Missed deadlines are the cheapest defense to a rent-increase dispute.

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