Ch. 83 LANDLORD AND TENANT Ch. 83 CHAPTER 83 LANDLORD …

Ch 83 LANDLORD AND TENANT Ch 83

CHAPTER 83

LANDLORD AND TENANT

PART I LANDLORD AND TENANT NONRESIDENTIAL (ss 83001-83251)

PART II LANDLORD AND TENANT RESIDENTIAL (ss 8340-8363)

PART III LANDLORD AND TENANT MOBILE HOMES (ss 83750-83794)

83001 8301 8302

8303

8304

8305 8306

8307 8308 8309 8310 8311 8312 8313 8314

8315 8318 8319

8320 8321 8322 83231 83241 83251

PART I

LANDLORD AND TENANT NONRESIDENTIAL

Application Unwritten lease tenancy at wii uration Certain written leases tenancies at will du-

ration Termination of tenancy at will length of

notice Holding over after term tenancy at suffershy

ance etc Right of entry upon default in rent Right to demand double rent upon refusal to

deliver possession Action for use and occupation Landlords lien for rent Exemptions from liens for rent Landlords lien for advances Distress for rent complaint Distress for rent form of writ Distress for rent levy of writ Distress for rent replevy of distrained prop-

erty Distress for rent claims by third persons Distress for rent trial verdict judgment Distress for rent sale of property dis-

trained Causes for removal of tenants Removal of tenant Removal of tenant service Removal of tenant judgment Removal of tenant process Removal of tenant costs

83001 Application-This part applies to nonshyresidential tenancies and all tenancies not governed by part II of this chapter

History-s 1 ch 73-330

8301 Unwritten lease tenancy at will durashytion-Any lease oflands and tenements or either made shall be deemed and held to be a tenancy at will unless it shall be in writing signed by the lessor Such tenancy shall be from year to year or quarter to quarter or month to month or week to week to be determined by the periods at which the rent is payable If the rent is payable weekly then the tenshyancy shall be from week to week if payable monthly then from month to month if payable quarterly

then from quarter to quarter if payable yearly then from year to year

History-ss l 2 ch 5441 1905 RGS 3567 3568 CGL 5431 5432 s 34 ch 67-254

8302 Certain written leases tenancies at will duration-Where any tenancy has been created by an instrument in writing from year to year or quarshyter to quarter or month to month or week to week to be determined by the periods at which the rent is payable and the term of which tenancy is unlimited the tenancy shall be a tenancy at will If the rent is payable weekly then the tenancy shall be from week to week if payable monthly then the tenancy shall be from month to month if payable quarterly then from quarter to quarter if payable yearly then from year to year

History-s 2 ch 5441 1905 RGS 3568 CGL 5432 s 2 ch 15057 1931 s 34 ch 67-254

8303 Termination of tenancy at will length of notice-A tenancy at will may be terminated by either party giving notice as follows

(1) Where the tenancy is from year to year by giving not less than 3 months notice prior to any annual period

(2) Where the tenancy is from quarter to quarter by giving not less than 45 days notice prior to the end of any quarter

(3) Where the tenancy is from month to month by giving not less than 15 days notice prior to the end of any monthly period and

(4) Where the tenancy is from week to week by giving not less than 7 days notice prior to the end of any weekly period

History-s 3 ch 5441 1905 RGS 3569 CGL 5433 s 34 ch 67-254

8304 Holding over after term tenancy at sufshyferance etc-When any tenancy created by an inshystrument in writing the term of which is limited has expired and the tenant holds over in the possesshysion of said premises without renewing the lease by some further instrument in writing then such holdshying over shall be construed to be a tenancy at suffershyance The mere payment or acceptance of rent shall not be construed to be a renewal of the term but if the holding over be continued with the written conshysent of the lessor then the tenancy shall become a tenancy at will under the provisions of this law

History-s 4 ch 5441 1905 RGS 3570 CGL 5434 s 3 ch 15057 1931 s 34 ch 67-254

8305 Right of entry upon default in rent-If

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Ch 83 LANDLORD AND TENANT Ch83

any person leasing or rerenting any land or house fails to pay the rent at the time it becomes due the lessor may immediately thereafter enter and take possession of the property so leased or rented

History-s 5 Nov 21 1828 RS 1750 GS 2226 RGS 3534 CGL 5398 s 34 ch 67-254

8306 Right to demand double rent upon reshyfusal to deliver possession-

(1) When any tenant refuses to give up possesshysion of the premises at the end of his lease the landshylord his agent attorney or legal representatives may demand of such tenant double the monthly rent and may recover the same at the expiration of every month or in the same proportion for a longer or shorter time by distress in the manner pointed out hereinafter

(2) All contracts for rent verbal or in writing shall bear interest from the time the rent becomes due any law usage or custom to the contrary notshywithstanding

History-ss 4 6 Nov 21 1828 RS 1759 GS 2235 RGS 3554 CGL 5418 s 34 ch 67-254

8307 Action for use and occupation-Any landlord his heirs executors administrators or asshysigns may recover reasonable damages for any house lands tenements or hereditaments held or occupied by any person by his permission in an acshytion on the case for the use and occupation of the lands tenements or hereditaments when they are not held occupied by or under agreement or demise by deed and if on trial of any action any demise or agreement (not being by deed) whereby a certain rent was reserved is given in evidence the plaintiff shall not be dismissed but may make use thereof as an evidence of the quantum of damages to be recovshyered


8308 Landlords lien for rent-Every person to whom rent may be due his heirs executors adshyministrators or assigns shall have a lien for such rent upon the property found upon or off the premshyises leased or rented and in the possession of any person as follows

(1) Upon agricultural products raised on the land leased or rented for the current year This lien shall be superior to all other liens though of older date

(2) Upon all other property of the lessee or his sublessee or assigns usually kept on the premises This lien shall be superior to any lien acquired subseshyquent to the bringing of the property on the premises leased

(3) Upon all other property of the defendant This lien shall date from the levy of the distress warrant hereinafter provided

History-ss l 9 10 ch 3131 1879 RS 1761 GS 2237 RGS 3556 CGL 5420 s 34 ch 67 -254

8309 Exemptions from liens for rent-No property of any tenant or lessee shall be exempt from distress and sale for rent except beds bedshyclothes and wearing apparel

History-s 6 Feb 14 1835 RS 1762 GS 2238 RGS 3557 CGL 5421 s 34 ch 67-254

8310 Landlords lien for advances-Landshylords shall have a lien on the crop grown on rented land for advances made in money or other things of value whether made directly by them or at their instance and requested by another person or for which they have assumed a legal responsibility at or before the time at which such advances were made for the sustenance or well-being of the tenant or his family or for preparing the ground for cultivation or for cultivating gathering saving handling or preshyparing the crop for market They shall have a lien also upon each and every article advanced and upon all property purchased with money advanced or obshytained by barter or exchange for any articles adshyvanced for the aggregate value or price of all the property or articles so advanced The liens upon the crop shall be of equal dignity with liens for rent and upon the articles advanced shall be paramount to all other liens

History-s 2 ch 3247 1879 RS 1763 GS 2239 RGS 3558 CGL 5422 s 34 ch 67-254

8311 Distress for rent complaint-Any pershyson to whom any rent or money for advances is due his agent or attorney may file an action in the court in the county where the land lies having jurisdiction of the amount claimed The complaint shall allege the amount or quality and value of the rent due for such land or the advances and whether payable in money cotton or other agricultural product or thing


8312 Distress for rent form of writ-On filshying the complaint the clerk shall issue a distress writ commanding the sheriff to levy on property liashyble to be distrained for rent or advances and to colshylect the amount claimed or the value thereof and to summon defendant to answer the complaint Before the writ issues plaintiff his agent or attorney shall file a bond with surety to be approved by the clerk payable to defendant in at least double the sum deshymanded or if property in double the value of the property sought to be levied on conditioned to pay all costs and damages which defendant sustains in consequence of plaintiffs improperly suing out the distress

History-s 2 ch 3131 1879 RS 1765 GS 2241 s 10 ch 7838 1919 RGS 3560 CGL 5424 s 34 ch 67-254

8313 Distress for rent levy of writ-The ofshyficer shall execute the writ by service on defendant and by levy on property distrainable for rent or adshyvances if found in his jurisdiction If the property is not so found but is in another jurisdiction he shall deliver the writ to the proper officer in the other jurisdiction and the other officer shall execute the writ by levying on said property and delivering it to the officer of the court in which the action is pending to be disposed of according to law unless he is orshydered by the court from which the writ emanated to hold the property and dispose of it in his jurisdiction according to law If defendant cannot be found the levy on the property suffices as service on him


300


8314 Distress for rent replevy of distrained property-The property distrained may be reshystored to the defendant at any time on his giving bond with surety to the officer levying such writ to be approved by such officer payable to plaintiff in double the value of the property levied on such valshyue to be fixed by said officer and conditioned for the forthcoming of the property restored to abide the final order of the court It may be also restored to defendant on his giving bond with surety to be apshyproved by the officer making the levy conditioned to pay the plaintiff the amount or value of the rental or advances which may be adjudicated to be payable to plaintiff Judgment may be entered against the surety on such bonds and in the manner and with like effect as provided in s 7631

History-s 3 ch 3131 1879 RS 1766 s l ch 4408 1895 RGS 3561 CGL middot 5425 s 34 ch 67-254

8315 Distress for rent claims by third pershysons-Any third person claiming any property so distrained may interpose and prosecute his claim for it in the same manner as is provided in similar cases of claim to property levied on under execution


8318 Distress for rent trial verdict judgshyment-Ifthe verdict or the finding of the court is for plaintiff judgment shall be rendered against defendshyant for the amount or value of the rental or adshyvances including interest and costs and against the surety on defendants bond as provided for in s 8314 ifthe property has been restored to defendant and execution shall issue If the verdict or the findshying of the court is for defendant the action shall be dismissed and defendant shall have judgment and execution against plaintiff for costs

History-RS 1768 s 3 ch 4408 1895 GS 2244 RGS 3563 CGL 5427 s 14 ch 63-559 s 34 ch 67-254

8319 Distress for rent sale of property disshytrained-

(1) If the judgment is for plaintiff and the propershyty in whole or in part has not been replevied it or the part not restored to defendant shall be sold and the proceeds applied on the payment of the execushytion If the rental or any part of it is due in agriculshytural products and the property distrained or any part of it is of a similar kind to that claimed in the complaint the property up to a quantity to be adshyjudged of by the officer holding the execution (not exceeding that claimed) may be delivered to plainshytiff as a payment on his execution at his request

(2) When any property levied on is sold it shall be advertised two times the first advertisement beshying at least 10 days before the sale All property so levied on may be sold on the leased premises or at the

thing the officer shall settle with the plaintiff at the value of the rental at the time it became due

History-ss 5 6 ch 3131 1879 RS 1769 GS 2245 RGS 3564 CGL 5428 s 34 ch 67-254

8320 Causes for removal of tenants-Any tenant or lessee at will or sufferance or for part of the year or for one or more years of any houses lands or tenements and the assigns under tenants or legal representatives of such tenant or lessee may be removed from the premises in the manner hereinshyafter provided in the following cases

(1) Where such person holds over and continues in the possession of the demised premises or any part thereof after the expiration of his time without the permission of his landlord

(2) Where such person holds over without pershymission as aforesaid after any default in the payshyment ofrent pursuant to the agreement under which the premises are held and 3 days notice in writing requiring the payment of the rent or the possession of the premises has been served by the person entishytled to the rent on the person owing the same The service of the notice shall be by delivery of a true copy thereof or ifthe tenant be absent from his last or usual place ofresidence by leaving a copy thereof at such place

History-s 1 ch 3248 1881 RS 1751 GS 2227 RGS 3535 CGL 5399 s 34 ch 67-254 s 20 ch 77-104

8321 Removal oftenant-The landlord his atshytorney or agent applying for the removal of any tenant shall file a complaint stating the facts which authorize the removal of the tenant and describing the premises in the proper court of the county where the premises are situated and is entitled to the sumshymary procedure provided in s 51011


8322 Removal of tenant service-If the deshyfendant cannot be found in the county in which the action is pending and either he has no usual place of abode in the county or there is no person of his famishyly above 15 years of age at his usual place of abode in the county the sheriff shall serve the summons by attaching it to some part of the premises involved in the proceedings

History-s 2 ch 3248 1881 RS 1753 GS 2229 RGS 3537 CGL 5401 s 1 ch 22731 1945 s 34 ch 67-254

83231 Removal of tenant judgment-If the issues are found for plaintiff judgment shall be enshytered that he recover possession of the premises but if they be found for defendant judgment shall be entered dismissing the action

History-s 8 ch 6463 1913 RGS 3549 CGL 5413 s 34 ch 67-254 Note-Former s 8334

courthouse door 83241 Removal of tenant process-After en-(3) Before the sale if defendant appeals and ob- try of judgment in favor of plaintiff the clerk shall

tains supersedeas and pays all costs accrued up to issue a writ to the sheriff describing the premises the time that the supersedeas becomes operative the and commanding him to put plaintiff in possession property shall be restored to him and there shall be However in the case of the removal of any mobile no sale home tenant or the mobile home of any tenant for

(4) In case any property is sold to satisfy any rent the reason of holding over after the expiration of the payable in cotton or other agricultural product or tenants time the writ of possession shall not issue

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earlier than 30 days from the service of the petition for removal upon the defendant

Hlstory-s 9 ch 6463 1913 RGS 3550 CGL 5414 s 34 ch 67-254 s 1 ch 70360

Note-Former s 8335

83251 Removal of tenant costs-The prevailshying party shall have judgment for costs and execushytion shall issue therefor

Hlstory-s 11 ch 6463 1913 RGS 3552 CGL 5416 s 34 ch 67-254 Note-Former s 8337

8340 8341 8342 8343 8344 8345

8346 8347 8348 8349

8350 8351 8352

8353 8354

8355 8356 8357

8358 8359 8360

8361

8362 83625

8363

PART II

LANDLORD AND TENANT RESIDENTIAL

Short title Application Exclusions from application of part Definitions Obligation of good faith Un~onscionable rental agreement or provi-

s10n Rent duration of tenancies Prohibited provisions in rental agreements Attorneys fees Deposit money or advance rent duty of

landlord and tenant Disclosure Landlords obligation to maintain premises Tenants obligation to maintain dwelling

unit Landlords access to dwelling unit Remedies enforcement ofrights and duties

civil action Remedies right of action for damages Remedies termination ofrental agreement Remedies termination of tenancy without

specific term Remedies tenant holding over Remedies right of action for possession Remedies defenses to action for rent or pos-

session procedure Disbursement of funds in registry of court

prompt final hearing Remedies removal of tenant process Power to award possession and enter money

judgment Remedies casualty damage

8340 Short title-This part shall be known as the Florida Residential Landlord and Tenant Act

Hlstory-s 2 ch 73-330

8341 Application-This part applies to the rental of a dwelling unit and a mobile home lot


8342 Exclusions from application of partshyThis part does not apply to

(1) Residency or detention in a facility whether public or private when residence or detention is incishydental to the provision of medical geriatric educashytional counseling religious or similar services

(2) Occupancy under a contract of sale ofa dwellshying unit or the property of which it is a part

(3) Transient occupancy in a hotel condomini-

um motel roominghouse or similar public lodging or transient occupancy in a mobile home park

(4) Occupancy by a holder of a proprietary lease in a cooperative apartment

(5) Occupancy by an owner of a condominium unit


8343 Definitions-As used in this part the folshylowing words and terms shall have the following meanings unless some other meaning is plainly indishycated

(1) Building housing and health codes means any law ordinance or governmental regulation conshycerning health safety sanitatfon or fitness for habishytation or the construction maintenance operation occupancy use or appearance of any dwelling unit

(2) Dwelling unit means (a) A structure or part of a structure that is rentshy

ed for use as a home residence or sleeping place by one person or by two or more persons who maintain a common household

(b) A mobile home rented by a tenant (c) A mobile home lot within a mobile home park

that is rented for occupancy by one or more persons who own the mobile home located on the lot

(3) Landlord means the owner or lessor of a dwelling unit

(4) Tenant means any person entitled to occushypy a dwelling unit under a rental agreement

(5) Premises means a dwelling unit and the structure of which it is a part and a mobile home lot and the appurtenant facilities and grounds areas facilities and property held out for the use of tenshyants generally

(6) Rent means the periodic payments due the landlord from the tenant for occupancy under a rentshyal agreement and any other payments due the landshylord from the tenant as may be designated as rent in a written rental agreement middot (7) Rental agreement means any written

agreement or oral agreement if for less duration than 1 year providing for use and occupancy of premises

(8) Good faith means honesty in fact in the conduct or transaction concerned

(9) Advance rent means moneys paid to the landlord to be applied to future rent payment perishyods but does not include rent paid in advance for a current rent payment period

(10) Transient occupancy means occupancy when it is the intention of the parties that the occushypancy will be temporary

(11) Deposit money means any money held by the landlord on behalf of the tenant including but not limited to damage deposits security deposits advance rent deposit pet deposit or any contractual deposit agreed to between landlord and tenant eishyther in writing or orally

(12) Security deposits means any moneys held by the landlord as security for the performance of the rental agreement including but not limited to monetary damage to the landlord caused by the tenshyants breach oflease prior to the expiration thereof

History-s 2 ch 73-330 s 1 ch 74-143

302


8344 Obligation of good faith-Every rental agreement or duty within this part imposes an oblishygation of good faith in its performance or enforceshyment


8345 Unconscionable rental agreement or provision-

(1) If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it was made the court may refuse to enforce the rental agreeshyment enforce the remainder of the rental agreeshyment without the unconscionable provision or so limit the application of any unconscionable provishysion as to avoid any unconscionable result

(2) When it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to meaning relationship of the parties purpose and effect to aid the court in making the determination


8346 Rent duration of tenancies-(1) Unless otherwise agreed rent is payable

without demand or notice periodic rent is payable at the beginning of each rent payment period and rent is uniformly apportionable from day to day

(2) If the rental agreement contains no provision as to duration of the tenancy the duration is detershymined by the periods for which the rent is payable If the rent is payable weekly then the tenancy is from week to week if payable monthly tenancy is from month to month if payable quarterly tenancy is from quarter to quarter if payable yearly tenancy is from year to year


8347 Prohibited provisions in rental agreeshyments-

(1) A provision in a rental agreement is void and unenforceable to the extent that it

(a) Purports to waive or preclude the rights remshyedies or requirements set forth in this part

(b) Purports to limit or preclude any liability of the landlord to the tenant or of the tenant to the landlord arising under law

(2) If such a void and unenforceable provision is included in a rental agreement entered into extendshyed or renewed after the effective date of this part and either party suffers actual damages as a result of the inclusion the aggrieved party may recover those damages sustained after the effective date of this part

History-bull 2 ch 73-330

8348 Attorneys fees-If a rental agreement contains a provision allowing attorneys fees to the landlord when he is required to take any action to enforce the rental agreement the court may also allow reasonable attorneys fees to the tenant when he prevails in any action by or against him with respect to the rental agreement


8349 Deposit money or advance rent duty of landlord and tenant-

(1) Whenever money is deposited or advanced by a tenant on a rental agreement as security for pershyformance of the rental agreement or as advance rent which is held in excess of 3 months by the landlord or his agent the total amount of such monshyey held by the landlord on behalfofthe tenant shall be held in a separate account for the benefit of the tenant by the landlord and shall not be commingled with any other funds of the landlord or in the altershynative the landlord shall post a surety bond with the clerk of the circuit court in the county in which the dwelling unit is located in the total amount of the security deposits and advance rent he holds on beshyhalf of the tenants or $50000 whichever is less exeshycuted by the landlord as principal and a surety comshypany authorized and licensed to do business in the state as surety The bond shall be conditioned upon the faithful compliance of the landlord with the proshyvisions of this section and shall run to the governor for the benefit of any tenant injured by the landshylords violation of the provisions of this section

(2) Whenever the landlord shall require a securishyty deposit or advance rent which is held in excess of 6 months by the landlord or his agent it shall accushymulate interest at the rate of 5 percent per annum simple interest However no interest shall be reshyquired to be paid to the tenant when such moneys are held in a separate account for the benefit of the tenants and not commingled with other funds of the landlord The landlord shall not hypothecate pledge or in any other way make use of such moneys until such moneys are actually due the landlord If such commingled funds are deposited in an interestshybearing account said account shall be in a Florida banking institution and the landlord shall immedishyately notify the tenant of the name and address of the banking institution and the amount of his money so deposited and the tenant shall receive and collect at least 75 percent of the interest payable on such account in lieu of the payment of 5 percent interest by the landlord The landlord shall within 30 days ofreceipt of advance rent or a security deposit notify the tenant in writing of the manner in which the landlord is holding the advance rent or security deshyposit the rate of interest if any which the tenant is to receive and the time of interest payments to the tenant Such written notice shall

(a) Be given in person or by mail to the tenant (b) State the name and address of the depository

where the advance rent or security deposit is being held whether the advance rent or security deposit is being held in a separate account for the benefit of the tenant or is commingled with other funds of the landlord and if commingled whether such funds are deposited in an interest-bearing account in a Florida banking institution

(c) Include a copy of the provisions of subsection (3)

Subsequent to providing such notice should the landlord change the manner or location in which he is holding the advance rent or security deposit he shall notify the tenant within 30 days of the change according to the provisions herein set forth The

303


landlord shall pay directly to the tenant or credit against the current months rent the interest to the tenant at least once annually This subsection shall not apply to any landlord who rents fewer than five individual dwelling units Failure to provide this noshytice shall not be a defense to the payment of rent when due

(3)(a) Upon the vacating of the premises for tershymination of the lease the landlord shall have 15 days to return said security deposit together with interest or in which to give the tenant written notice by certified mail to the tenants last known mailing address of his intention to impose a claim thereon The notice shall contain a statement in substantially the following form

This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit It is sent to you as required by s 8349(3) Florida Statutes You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit Your objection must be sent to Oiiim)ir~lLmiddot

If the landlord fails to give the required notice withshyin the 15-day period he forfeits his right to impose a claim upon the security deposit

(b) Unless the tenant objects to the imposition of the landlords claim or the amount thereof within 15 days after receipt of the landlords notice of intenshytion to impose a claim the landlord may then deduct the amount of his claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages

(c) If either party institutes an action in a court of competent jurisdiction to adjudicate his right to the security deposit the prevailing party is entitled to receive his court costs plus a reasonable fee for his attorney The court shall advance the cause on the calendar

(4) The provisions of this section shall not apply to transient rentals by hotels or motels as defined in chapter 509 nor shall it apply to those instances in which the amount ofrent or deposit or both is regushylated by law or rules or regulations of a public body including federally administered or regulated housshying programs Section 202 Section 221(d)(3) [or] Section 236 of the National Housing Act as amendshyed other than for rent stabilization

(5) Except when otherwise provided by the terms of a written lease any tenant who vacates or abanshydons the premises prior to the expiration of the term specified in the written lease or any tenant who vacates or abandons premises which are the subject of a tenancy from week to week month to month quarter to quarter or year to year shall give at least 7 days notice by certified mail to the landlord prior to vacating or abandoning the premises Failure to give such notice shall relieve the landlord of the notice requirement of subsection (3)(a)

(6) For the purposes of this part a renewal of an existing rental agreement shall be considered a new

rental agreement and any security deposit carried forward shall be considered a new security deposit

(7) Any person licensed under the provisions ofs 509241 unless excluded by the provisions of this part who fails to comply with the provisions of this part shall be subject to a fine or to the suspension or revocation of his license by the Division of Hotels and Restaurants of the Department of Business Regshyulation in the manner provided in s 509261

History-s l ch 69-282 s 3 ch 70360 s 1 ch 72-19 s 1 ch 72-43 s 5 ch 73-330 s l ch 74-93 s 3 ch 74-146 ss 1 2 ch 75-133 s l ch 76-15 s 1 ch 77-445

Note-Bracketed word substituted by the editors for the word and Note-Former s 83261

8350 Disclosure-(1) The landlord or a person authorized to enter

into a rental agreement on his behalf shall disclose in writing to the tenant at or before the commenceshyment of the tenancy the name and address of the landlord or a person authorized to receive notices and demands in his behalf The person so authorized to receive notices and demands retains authority unshytil the tenant is notified otherwise All notices of such names and addresses or changes thereto shall be delivered to the tenants residence or if specified in writing by the tenant to any other address

(2) The landlord or his authorized representashytive upon completion of construction of a building exceeding three stories in height and containing dwelling units shall disclose to the tenants initially moving into the building the availability or lack of availability of fire protection


8351 Landlords obligation to maintain premises-

(1) The landlord at all times during the tenancy shall

(a) Comply with the requirements of applicable building housing and health codes or

(b) Where there are no applicable building housshying or health codes maintain the roofs windows screens doors floors steps porches exterior walls foundations and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition However the landlord shall not be reshyquired to maintain a mobile home or other structure owned by the tenant

The landlords obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex

(2)(a) Unless otherwise agreed in writing in adshydition to the requirements of subsection (1) the landshylord of a dwelling unit other than a single-family home or duplex shall at all times during the tenanshycy make reasonable provisions for

1 The extermination of rats mice roaches ants and bedbugs

2 Locks and keys 3 The clean and safe condition of common areas 4 Garbage removal and outside receptacles

therefor 5 Heat during winter running water and hot

water (bl Nothing in this part authorizes the tenant to

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raise a noncompliance by the landlord with this subshysection as a defense to an action for possession under s 8359

(c) This subsection shall not apply to a mobile home owned by a tenant

(d) Nothing contained in this subsection prohibshyits the landlord from providing in the rental agreeshyment that the tenant is obligated to pay costs or charges for garbage removal water fuel or utilities

(3) If the duty imposed by subsection (1) is the same or greater than any duty imposed by subsecshytion (2) the landlords duty is determined by subsecshytion (1)

(4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenshyant a member of his family or other person on the premises with his consent middot History-s 2 ch 73-330

8352 Tenants obligation to maintain dwellshying unit-The tenant at all times during the tenanshycy shall

(1) Comply with all obligations imposed upon tenants by applicable provisions of building housshying and health codes

(2) Keep that part of the premises which he occushypies and uses clean and sanitary

(3) Remove from his dwelling unit all garbage in a clean and sanitary manner

(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant clean and sanitary and in repair

(5) Use and operate in a reasonable manner all electrical plumbing sanitary heating ventilating air-conditioning and other facilities and appliances including elevators

(6) Not destroy deface damage impair or reshymove any part of the premises or property therein belonging to the landlord nor permit any person to do so

(7) Conduct himself and require other persons on the premises with his consent to conduct themshyselves in a manner that does not unreasonably disshyturb his neighbors or constitute a breach of the peace


8353 Landlords access to dwelling unitshy(1) The tenant shall not unreasonably withhold

consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises make necessary or agreed repairs decorations altershyations or improvements supply agreed services or exhibit the dwelling unit to prospective or actual purchasers mortgagees tenants workmen or conshytractors

(2) The landlord may enter the dwelling unit at any time for the protection or preservation of the premises The landlord may enter the dwelling unit when necessary for the purposes set forth in subsecshytion (1) under any of the following circumstances

(a) With the consent of the tenant (b) In case of emergency (c) When the tenant unreasonably withholds

consent or (d) If the tenant is absent from the premises for

a period of time equal to one-half the time for periodshyic rental payments If the rent is current and the tenant notifies the landlord of an intended absence then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises

(3) The landlord shall not abuse the right of acshycess nor use it to harass the tenant


8354 Remedies enforcement of rights and duties civil action-Any right or duty declared in this part is enforceable by civil action


8355 Remedies right of action for damages -If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part the aggrieved party may recover the damshyages caused by the noncompliance


8356 Remedies termination of rental agreeshyment-

(1) If the landlord materially fails to comply with s 8351(1) [F S 1973] or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncomshypliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof the tenant may terminate the rental agreement If the failure to comply with s 8351(1) [F S 1973] or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reashysonable effort to correct the failure to comply the rental agreement may be terminated or altered by the parties as follows

(a) If the landlords failure to comply renders the dwelling unit untenantable and the tenant vacates the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable

(b) If the landlords failure to comply does not render the dwelling unit untenantable and the tenshyant remains in occupancy the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance

(2) If the tenant materially fails to comply with s 8352 [F S 1973] or material provisions of the rental agreement other than a failure to pay rent within 7 days after delivery of written notice by the landlord specifying the noncompliance and indicatshying the intention of the landlord to terminate the rental agreement by reason thereof the landlord may terminate the rental agreement

(3) If the tenant fails to pay rent when due and the default continues for 3 days after delivery of written demand by the landlord for payment of the rent or possession of the premises the landlord may terminate the rental agreement

(4) The delivery of the written notices required by subsections (1) (2) and (3) shall be by mailing or delivery of a true copy thereof or if the tenant is absent from his last or usual place of residence by leaving a copy thereof at the residence

(5) If the landlord accepts rent with actual

305


knowledge of a noncompliance by the tenant or acshycepts performance by the tenant of any other provishysion of the rental agreement that is at variance with its provisions or if the tenant pays rent with actual knowledge of a noncompliance by the landlord or accepts performance by the landlord of any other provision of the rental agreement that is at variance with its provisions the landlord or tenant waives his right to terminate the rental agreement or to bring a civil action for that noncompliance but not for any subsequent or continuing noncompliance

(6) If the rental agreement is terminated the landlord shall comply with s 8349(3) [F S 1973]


8357 Remedies termination of tenancy without specific term-A tenancy without a speshycific duration as defined in s 8346(2) may be termishynated by either party giving written notice in the manner provided ins 8356(4) [F S 1973] as follows

(1) When the tenancy is from year to year by giving not less than 60 days notice prior to the end of any annual period

(2) When the tenancy is from quarter to quarter by giving not less than 30 days notice prior to the end of any quarterly period

(3) When the tenancy is from month to month by giving not less than 15 days notice prior to the end of any monthly period and

(4) When the tenancy is from week to week by giving not less than 7 days notice prior to the end of any weekly period


8358 Remedies tenant holding over-If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expirashytion of the rental agreement without the permission of the landlord the landlord may recover possession of the dwelling unit in the manner provided for ins 8359 [F S 1973] The landlord may also recover double the amount of rent due on the dwelling unit or any part thereof for the period during which the tenant refuses to surrender possession

History -s 2 ch 73-330

8359 Remedies right of action for possesshysion-

(1) If the rental agreement is terminated and the tenant does not vacate the premises the landlord may recover possession of the dwelling unit as proshyvided in this section

(2) A landlord applying for the removal of a tenshyant shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery The landlord is entitled to the summary procedure provided in s 51011 [F S 1971] and the court shall advance the cause on the calendar

(3) The landlord shall not recover possession of a dwelling unit except

(a) In an action for possession under subsection (2) or other civil action in which the issue of right of possession is determined

(b) When the tenant has surrendered possession of the dwelling unit to the landlord or

(c) When the tenant has abandoned the dwelling

unit In the absence of actual knowledge of abandonshyment it shall be presumed that the tenant has abanshydoned the dwelling unit if he is absent from the premises for a period of time equal to one-half the time for periodic rental payments However this presumption shall not apply ifthe rent is current or the tenant has notified the landlord of an intended absence

(4) The prevailing party is entitled to have judgshyment for costs and execution therefor

Hlstory-s 2 ch 73-330 a 1 ch 74-146

8360 Remedies defenses to action for rent or possession procedure-

(1) In an action by the landlord for possession of a dwelling unit based upon nonpayment ofrent or in an action by the landlord under s 8355 seeking to recover unpaid rent the tenant may defend upon the ground of a material noncompliance with s 8351(1) [F S 1973] or may raise any other defense whether legal or equitable that he may have The defense of a material noncompliance withs 8351(1) [F S 1973] may only be raised by the tenant if 7 days have elapsed after the delivery of written notice by the tenant to the landlord as prescribed ins 8356(4) [F S 1973] specifying the noncompliance and indicatshying the intention of the tenant not to pay rent by reason thereof A material noncompliance with s 8351(1) [F S 1973] by the landlord is a complete defense to an action for possession based upon nonshypayment of rent and upon hearing the court or the jury as the case may be shall determine the amount if any by which the rent is to be reduced to reflect the diminution in value of the dwelling unit during the period of noncompliance with s 8351(1) [F S 1973] After consideration of all other relevant issues the court shall enter appropriate judgment

(2) In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent if the tenant interposes any defense other than payshyment the tenant shall pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent which acshycrues during the pendency of the proceeding when due Failure of the tenant to pay the rent into the registry of the court as provided herein constitutes an absolute waiver of the tenants defenses other than payment and the landlord is entitled to an immediate default


8361 Disbursement of funds in registry of court prompt final hearing-When the tenant has deposited funds into the registry of the court in accordance with the provisions of s 8360(2) and the landlord is in actual danger ofloss of the premises or other personal hardship resulting from the loss of rental income from the premises the landlord may apply to the court for disbursement of all or part of the funds or for prompt final hearing The court shall advance the cause on the calendar The court after preliminary hearing may award all or any porshytion of the funds on deposit to the landlord or may

306


proceed immediately to a final resolution of the cause

History-s 2 ch 73-330 s 2 ch 74-146

8362 Remedies removal of tenant process -In an action for possession after entry of judgment in favor of the landlord the clerk shall issue a writ to the sheriff describing the premises and commandshying him to put the landlord in possession after 24 hours notice conspicuously posted on the premises In the case of the removal of the mobile home of any tenant for the reason of holding over after the expishyration of the rental agreement the writ of possession shall not issue earlier than 30 days from the service of the complaint for removal upon the tenant

HiBtory-s 2 ch 73-330

83625 Power to award possession and enter money judgment-In an action by the landlord for possession of a dwelling unit based upon nonpayshyment of rent ifthe court finds the rent is due owing and unpaid and by reason thereof the landlord is entitled to possession of the premises the court in addition to awarding possession of the premises to the landlord shall also direct in an amount which is within its jurisdictional limitations the entry of a money judgment in favor of the landlord and against the tenant for the amount of money found due owshying and unpaid by the tenant to the landlord with costs However no money judgment shall be entered unless service of process has been effected by personshyal service or where authorized by law by certified or registered mail return receipt or in any other manshyner prescribed by law or the rules of the court and said money judgment shall not be entered earlier than the day following the expiration of the time period within which the tenant-defendant would be required to file an answer or otherwise appear were the proceeding solely an action at law to recover money damages

History-s 1 ch 75middot147

8363 Remedies casualty damage-If the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant so that the enjoyment of the premises is substantially imshypaired the tenant may terminate the rental agreeshyment and immediately vacate the premises The tenshyant may vacate the part of the premises rendered unusable by the casualty in which case his liability for rent shall be reduced by the fair rental value of that part of the premises damaged or destroyed If the rental agreement is terminated the landlord shall comply with s 8349(3) [F S 1973]


PART III

LANDLORD AND TENANT MOBILE HOMES

83750 Short title 83751 Application 83752 Definitions 83753 Obligation of good faith 83754 Unconscionable lot rental agreements 83755 Prohibited or unenforceable provisions in

mobile home lot rental agreements 83756 Attorneys fees 83757 Park owners access to mobile home and moshy

bile home lot 83758 Mobile home owners and mobile home park

owners obligation 83759 Mobile home parks eviction grounds proshy

ceedings 83760 Mobile home lease 83761 Civil remedy venue court costs and attorshy

neys fees injunction 83762 Disclosure 83763 Remedies defenses to action for rent or posshy

session procedure 83764 Purchase of equipment installation of apshy

pliances fees charges assessments rules and regulations

83 765 Mobile home parks restrictions on disposal of mobile homes proceedings

83 770 Legislative findings 83772 Definitions 83774 Applicability 83776 State Mobile Home Tenant-Landlord Comshy

mission 83778 State Mobile Home Tenant-Landlord Trust

Fund 83780 Registration of certain mobile home parks

number of units 83 782 Powers of the commission 83 784 Commission required to act mobile home

park owners required to notify tenants of rental or service charge increases

83786 Commission to resolve rental or service charge increases rules

83788 Representation 83790 Appeal procedure 83792 Enforcement 83794 State preemption of mobile home park rentshy

al regulation

83750 Short title-This part shall be known and may be cited as the Florida Mobile Home Landshylord and Tenant Act


83751 Application-The prov1s10ns of this part shall apply to tenancies in which a mobile home is placed upon a rented or leased lot in a mobile home park for residential use This part shall not be construed to apply to any other tenancy including a tenancy in which both a mobile home and a mobile home lot are rented or leased by the mobile home resident Where both the mobile home and lot are rented the tenancy shall be governed by the provishysions of part II the Florida Residential Landlord and Tenant Act ss 8340-8368


83752 Definitions-As used in this part the following words and terms shall have the following meanings unless clearly indicated otherwise

(1) Mobile home owner means a person who owns a mobile home and rents or leases a lot within a mobile home park for residential use

(2) Mobile home park owner or park owner means the owner or operator of a mobile home park

(3) Mobile home park or park means a use of

307


land in which 10 or more lots or spaces are offered for rent or lease for the placement of mobile homes and in which the primary use of the park is residenshytial

(4) Mobile home lot rental agreement or rentshyal agreement means any mutual understanding lease or tenancy between a mobile home owner and a mobile home park owner in which the mobile home owner is entitled to place his mobile home on a moshybile home lot for the payment of consideration to the mobile home park owner



Hlstory-s l ch 76-81

83754 Unconscionable lot rental agreeshyments-

(1) If the court as a matter oflaw finds a mobile home lot rental agreement or any provision of the rental agreement to have been unconscionable at the time it was made the court may

(a) Refuse to enforce the rental agreement (b) Enforce the remainder of the rental agreeshy

ment without the unconscionable provision (c) So limit the application ofany unconscionable

provision as to avoid any unconscionable result (2) When it is claimed or appears to the court

that the rental agreement or any provision thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to meaning relationship of the parties purpose and other relevant factors to aid the court in making the determination


83755 Prohibited or unenforceable provishysions in mobile home lot rental agreements-

() A mobile home lot rental agreement may proshyvide a specific duration with regard to the amount of rental payments and other conditions of the tenanshycy but the rental agreement shall neither provide for nor be construed to provide for the termination of any rental agreement except as otherwise providshyed in this part

(2) Any provision in the rental agreement is void and unenforceable to the extent that it attempts to waive or preclude the rights remedies or requireshyments set forth in this part or those arising under law

History-s l ch 76-81

83756 Attorneys fees-If a mobile home lot rental agreement contains a provision allowing atshytorneys fees to the mobile home park owner the court may also allow reasonable attorneys fees to the mobile home owner whenever the mobile home owner prevails in any action by or against him


83757 Park owners access to mobile home and mobile home lot-The mobile home park ownshyer shall have no right of access to a mobile home unless the mobile home owners prior written con-

sent has been obtained or to prevent imminent danshyger to the occupant or the mobile home Such conshysent may be revoked in writing by the mobile home owner at any time The park owner shall however have the right of entry onto the lot for purposes of repair and replacement of utilities and protection of the mobile home park at all reasonable times but not in such manner or at such time as to interfere unreasonably with the mobile home owners quiet enjoyment of said lot


83758 Mobile home owners and mobile home park owners obligation-

() The mobile home owner shall at all times (a) Comply with all reasonable park rules (b) Comply with all obligations imposed on moshy

bile home owners by applicable provisions of buildshying housing and health codes

(c) Keep the mobile home lot which he occupies clean and sanitary

(d) Comply with reasonable park rules and regushylations by conducting himself and requiring other persons on the premises with his consent to conduct themselves in a manner that does not unreasonably disturb his neighbors or constitute a breach of the peace

(2) The mobile home park owner shall at all times

(a) Comply with the requirements of applicable building housing and health codes

(b) Maintain buildings and improvements in common areas in a good state of repair and mainteshynance and maintain the common areas in a good state of appearance safety and cleanliness

(c) Provide access to the common areas includshying buildings and improvements thereto at all reashysonable times for the benefit of the park residents

(d) Maintain utility connections and systems in reasonably usable condition


83759 Mobile home parks eviction grounds proceedings-

() A mobile home park owner or operator may not evict a mobile home or a mobile home dweller other than for the following reasons

(a) Nonpayment of rent (b) Conviction of a violation of some federal or

state law or local ordinance which violation may be deemed detrimental to the health safety or welfare of other dwellers in the mobile home park

(c) Violation of any reasonable rule or regulation established by the park owner or operator provided the mobile home owner received written notice of the grounds upon which he is to be evicted at least 30 days prior to the date he is required to vacate A copy of all rules and regulations shall be delivered by the park owner or operator to the mobile home ownshyer prior to his signing the lease or entering into a rental agreement A copy of the rules and regulashytions shall also be posted in the recreation hall if any or some other conspicuous place in the park A mobile home park rule or regulation shall be preshysumed to be reasonable if it is similar to rules and regulations customarily established in other mobile home parks located in this state or if the rule or

308

Ch83 LANDLORD AND TENANT Ch 83

regulation is not immoderate or excessive (d) Change in use of land comprising the mobile

home park or a portion thereof on which a mobile home to be evicted is located from mobile home lot rentals to some other use provided all tenants afshyfected are given at least 6 months notice or longer if provided for in a valid lease of the projected change of use and of their need to secure other acshycommodations

(2) Cumulative eviction proceedings may be esshytablished in a written lease agreement between the park owner or operator and a mobile home dweller in addition to those established by law

(3) This section shall not preclude summary evicshytion proceedings and if the park operator or owner does not have one of the grounds set forth in subsecshytion (1) available the mobile home owner may raise the same by affirmative defense

History-s l ch 72-28 s 1 ch 73-182 s 12 ch 73-330 s 2 ch 76-81 Note-Former s 8369

83 760 Mobile home lease-(1) No tenancy except one of transient occupanshy

cy of any person owning a mobile home who hereafshyter rents leases or occupies real property in a moshybile home park for a valuable consideration shall be enforceable or be terminated by the mobile home park owner unless prior to occupancy the mobile home owner has been offered a written lease as hereshyin provided In the event a mobile home owner does not enter into a written lease or upon the expiration ofa written lease the tenancy may only be terminatshyed in accordance with the provisions of s 83759 which section is cumulative to all other sections in this part and deemed to supersede any provisions in conflict therewith

(2) No such tenancy existing upon January 1 1975 may thereafter be terminated unless the moshybile home owner has been offered a written lease and has after the expiration of 60 days from the time of delivery to him refused or failed to execute same The leases so offered by any mobile home park owner must be bona fide offers to lease for a specified term upon the same terms and conditions as leases offered to all other mobile home owners in the park exceptshying only rent variations based upon lot location and size

(3) Only such park rules or regulations as are reasonable under the circumstances and specifically incorporated by reference in the written leases shall be enforceable The lease shall contain a provision that part III of chapter 83 governs mobile home park tenancies The lease shall contain the amount of the rent any security deposit installation charges fees assessments and any other financial obligations of the mobile home owner However this provision shall not be construed to prevent any mobile home park owner from passing on to the mobile home ownshyer any costs including increased cost for utilities

home parks or other suitable facilities for the relocashytion of the mobile home owners or when said action is opposed by the mobile home park owner

(5) This act shall not apply in those instances where rental space is offered for occupancy by recreshyational vehicle-type units primarily designed as temshyporary living quarters for recreational camping or travel use and which either have their own motive power or are mounted on or drawn by another vehishycle

(6) No provision of this section shall apply to a mobile home park which contains 10 or less mobile home lots

History-s ch 74-160 s 3 ch 76-81 Note-Former s 83695

83 761 Civil remedy venue court costs and attorneys fees injunction-

() Any right or duty declared in this part is enshyforceable by civil action

(2) If either the mobile home park owner or the mobile home owner fails to comply with the requireshyments of the mobile home lot rental agreement or other provisions of this part the aggrieved party may recover the damages caused by the noncomplishyance

(3) A mobile home owner or dweller may bring a civil action against a mobile home park owner or operator violating the provisions of this part in the appropriate court of the county in which the alleged violator resides or has his principal place ofbusiness or in the county wherein the alleged violation ocshycurred Upon adverse adjudication the defendant shall be liable for damages The court may in its discretion award such equitable relief as it deems necessary including the enjoining of the defendant from further violations The losing party may be liashyble for court costs and reasonable attorneys fees incurred by the prevailing party

(4) In addition to other penalties provided hereshyin the state attorneys and their assistants are aushythorized to apply to the circuit court within their respective jurisdictions upon the sworn affidavit of any mobile home owner or dweller alleging a violashytion by a mobile home park owner or operator of any of the provisions of this part and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction reshystraining such mobile home park owner or operator from any further violation whether or not there exists an adequate remedy at law and such injuncshytion may issue without bond at the courts discretion The Department of Legal Affairs shall have concurshyrent jurisdiction as an enforcing authority ifthe vioshylation occurs in or affects more than one judicial circuit or ifthe office of the state attorney fails to act upon a violation within a reasonable period of time


which are incurred due to the actions of any state or 83 762 Disclosure-The mobile home park local government owner or a person authorized to enter into a mobile

(4) No agency of any municipal local county or home lot rental agreement on his behalf shall disshystate government shall approve any application for close in writing to the mobile home owner at or rezoning or take any other official action which before the commencement of the tenancy and on would result in the removal or relocation of mobile request to anyone having previously established a home owners residing in a mobile home park with- tenancy the name and address of the mobile home out first investigating as to the adequacy of mobile park owner or a person authorized to receive notices

309


and demands on his behalf Any person so authorshyized to receive notices and demands retains such aushythority until the mobile home owner is notified othshyerwise All notices of such names and addresses or changes made thereto shall be delivered to the moshybile home owners residence or if specified in writing by the mobile home owner to such specified address


83 763 Remedies defenses to action for rent or possession procedure-

(1) In an action by the mobile home park owner for possession of a mobile home lot based upon nonshypayment of rent or seeking to recover unpaid rent the mobile home owner may defend upon the ground ofa material noncompliance with any portion of this part or may raise any other defense whether legal or equitable which he may have The defense of material noncompliance may be raised by the mobile home owner only if said mobile home owner has prior to the due date of rent notified the park owner in writing of his intention not to pay rent based upon the park owners noncompliance with portions of this part specifying in reasonable detail the provishysions in default A material noncompliance with this part by the park owner is a complete defense to an action for possession based upon nonpayment of rent and upon hearing the court or the jury as the case may be shall determine the amount if any by which the rent is to be reduced to reflect the diminushytion in value of the lot during the period of noncomshypliance with any portion of this part After considershyation of all other relevant issues the court shall enter appropriate judgment

(2) In an action by the park owner for possession of a mobile home lot based upon nonpayment ofrent if the mobile home owner interposes any defense other than payment the mobile home owner shall pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent which accrues during the pendshyency of the proceeding when due Failure of the mobile home owner to pay the rent into the registry of the court as required herein constitutes an absoshylute waiver of the mobile home owners defenses othshyer than payment and the park owner is entitled to an immediate default

(3) When the mobile home owner has deposited funds into the registry of the court in accordance with the provisions of this section and the park ownshyer is in actual danger ofloss of the premises or other personal hardship resulting from the loss of rental income from the premises the park owner may apshyply to the court for disbursement of all or part of the funds or for prompt final hearing whereupon the court shall advance the cause on the calendar The court after preliminary hearing may award all or any portion of the funds on deposit to the park owner or may proceed immediately to a final resolution of the cause


83 764 Purchase of equipment installation of appliances fees charges assessments rules and regulations-

(1) No mobile home park owner or operator shall require a resident of the mobile home park to pur-

chase from said owner or operator underskirting equipment for tying down mobile homes or any othshyer equipment required by law local ordinance or regulation of the mobile home park However the park operator may determine by rule or regulation the style or quality of such equipment to be purshychased by the mobile home owner from the vendor of the mobile home owners choosing

(2) No mobile home park owner or operator shall charge any resident who chooses to install an elecshytric or gas appliance in his mobile home an additionshyal fee solely on the basis of such installation or reshystrict the installation service or maintenance of any such appliance or the making of any interior improvement in such mobile home so long as such an installation or improvement is in compliance with applicable building codes and other provisions of law

(3)(a) A mobile home park owner or operator shall be required to disclose fully in writing all fees charges assessments and rules and regulations prishyor to a mobile home dwellers assuming occupancy in the park No fees charges or assessments so disshyclosed may be increased or rules and regulations changed by the park owner or operator without specifying the date of implementation of said fees charges assessments or rules and regulations which date shall be no less than 30 days after written notice to all mobile home owners

(b) A mobile home park owner or operator shall not charge any entrance or exit fees except for those fees which are directly incurred by said park owner or operator as a result of the placing of a mobile home upon or removal of a mobile home from a park site Any such fee shall be clearly identified in writing at the time that the rental agreement is signed or otherwise concluded

(c) It is unlawful for any mobile home park ownshyer or operator or mobile home dealer to make any agreement written or oral whereby the fees authorshyized in this subsection shall be split between any such mobile home park owner or operator and any mobile home dealer Any person who violates any of the provisions of this subsection is guilty of a misdeshymeanor of the second degree punishable as provided ins 775082 s 775083 ors 775084

(4) Failure on the part of the mobile home park owner or operator to disclose fully all fees charges or assessments shall prevent the park owner or opershyator from collecting said fees charges or assessshyments and refusal by the dweller to pay any undisshyclosed charges shall not be used by the park owner or operator as a cause for eviction in any court of law

(5) No person shall be required by a mobile home park owner or operator as a condition of residence in the mobile home park to provide any permanent improvements that become a part of the real propershyty of the mobile home park owner or operator

(6) Whenever an entrance fee is charged by a mobile home park owner or operator for the enshytrance ofa mobile home or a mobile home owner into the park and such mobile home or mobile home ownshyer leaves before 2 years have passed from the date on which the fee was charged the fee shall be prorated and a portion returned as follows

310


(a) Entrance fees shall be refunded at the rate of one twenty-fourth of said fee for each month short of 2 years that a mobile home owner maintains his mobile home within the park

(b) Entrance fees shall be refunded within 15 days after the mobile home has been physically moved from the park

No new entrance fees may be charged for a move within the same park This subsection shall not apshyply in instances in which the mobile home owner is evicted on grounds of nonpayment of rent violation of a federal state or local ordinance or violation of a reasonable park rule or regulation or leaves before the expiration date of his lease agreement However the sums due to the park by the mobile home owner may be offset against the balance due on the enshytrance fee

(7) No mobile home park owner or operator who purchases electricity or gas (natural manufactured or similar gaseous substance) from any public utility or municipally owned utility for the purpose of supshyplying or reselling the electricity or gas to any other person to whom he leases lets rents subleases subshylets or subrents the premises upon which the elecshytricity or gas is to be used shall charge demand or receive directly or indirectly any amount for the resale of such electricity or gas greater than that amount charged by the public utility or municipally owned utility from whom the electricity or gas was purchased

(8) An invitee of a mobile home park tenant shall have ingress and egress to and from the tenants site without the tenant or invitee being required to pay a fee or any charge whatsoever For purposes of this subsection an invitee shall be defined as a person whose stay at the request of a mobile home park tenant does not exceed 15 consecutive days or 30 total days per year unless such person has the pershymission of the park management After October 1 1976 any mobile home park rule or regulation proshyviding for such fees or charges shall be null and void

History-lt1 2 ch 72-28 s 3 ch 73-182 s 12 ch 73-330 s l ch 74-12 s 3 ch 74-160 s 6 ch 76-81 s l ch 76-278 s 1 ch 77-174

Note-Former s 8370

83765 Mobile home parks restrictions on disposal of mobile homes proceedings-

(1) No mobile home park shall make or enforce any rule which shall deny or abridge the right of any resident of such mobile home park or any owner of a mobile home located in such park to sell said moshybile home within the park or which shall require the resident or owner to remove the mobile home from the park solely on the basis of the sale thereof The purchaser of said mobile home if said purchaser would otherwise qualify with the requirements of entry into the park under the park rules and regulashytions may become a tenant of the park subject to the approval of the park but such approval may not be unreasonably withheld The park shall not exact a commission or fee with respect to the price realized by the seller unless the park owner or operator has acted as agent for the mobile home owner in the sale pursuant to a written contract If for any reason the park refuses permission to any resident or owner to sell to a qualified buyer and prospective mobile

home owner after three bona fide offers then the next offer may be accepted as a matter of course

(2) No tenancy entered into by a purchaser in accordance with this section may thereafter be tershyminated unless the purchaser has been offered a written agreement by the landlord to assume the remainder of the term of any written lease then in effect between the landlord and the seller and has after the expiration of60 days from the time of delivshyery to him refused or failed without cause to exeshycute same

History-s 3 ch 72-28 s 2 ch 73-182 s 12 ch 73-330 s 2 ch 74-12 s 7 ch 76-81 s 2 ch 76-278

Note-Former s 8371

83770 Legislative findings-The Legislature finds that there exists an emergency in rental acshycommodations in mobile home parks The Legislashyture further finds that this condition coupled with the inordinate expense of relocating a mobile home causes tenants in such parks to be placed in an uneshyqual bargaining position with respect to increases in charges imposed by the owners or managers of such parks The Legislature further finds that this ineshyquality can only be alleviated by the enactment of reasonable legislative restraints which provide both a reasonable return [on] a park owners investment and a safeguard to tenants against exorbitant rental or service charges

History-s l ch 77-49 Note-Bracketed word substituted by the editors for the word of

83772 Definitions-For the purposes of ss 83 770-83 794

(1) Commission means the State Mobile Home Tenant-Landlord Commission created bys 83776

(2) Commissioner or member means a memshyber of the commission

(3) Mobile home park owner or owner means the owner lessor operator or manager of a mobile home park within the purview ofss 83770-83794


(5) Dwelling unit means a mobile home rented by a tenant within a mobile home park or a mobile home lot within a mobile home park that is rented for occupancy by one or more persons who own the mobile home located on the lot

(6) Service charge includes any fee for services at a mobile home park


83774 Applicability-The prov1s1ons of ss 83770-83794 shall not apply to any mobile home park which contains fewer than 100 dwelling units nor shall it apply to any mobile home park estabshylished by an employer solely for the use and occupanshycy of its employees


83776 State Mobile Home Tenant-Landlord Commission-

(lJ There is created the State Mobile Home Tenshyant-Landlord Commission within the Department of Business Regulation the membership of which shall be appointed by the Governor as follows

(a) Two members shall be mobile home park owners or operators

311


(b) Two members shall be mobile home park tenshyants

(c) Three members shall be members of the genshyeral public from the state at large without any conshynection or affiliation with any mobile home park

(2) Commissioners shall serve for terms of 4 years except that of those members first appointed by the Governor the two members who are mobile home park owners or operators shall be appointed for terms of 2 years the two members who are moshybile home park tenants shall be appointed for terms of 3 years and the three members of the general public shall be appointed for terms of 4 years A member chosen to fill a vacancy [occurring] othershywise than by expiration of term shall be appointed for the unexpired term of the member whom he is to succeed A member of the commission shall be eligishyble for reappointment

(3) Commissioners shall not be compensated for their service on the commission but shall be entitled to receive per diem and travel expenses as provided by s 112061 A vacancy in the commission shall not impair the right of the remaining members to exershycise the powers of the commission A majority of the commission shall constitute a quorum

History-s 4 ch 77-49 1Note-Bracketed word inserted by the editors

83778 State Mobile Home Tenant-Landlord Trust Fund-There is hereby created a State Moshybile Home Tenant-Landlord Trust Fund which shall be used to finance the duties and functions assigned to the commission The fund shall consist of fees deposited by the commission pursuant to s 83780


83780 Registration of certain mobile home parks number of units-

(1) The owner or operator of every mobile home park which contains 100 or more dwelling units shall register his mobile home park with the comshymission His application of registration which shall be on a form approved by the commission shall inshyclude the number of dwelling units in the park and the application shall be submitted to the commission by January 1 of each year Original registration [by existing owners] shall be filed by November 1 1977

(2) The owner or operator of every mobile home park required to be registered with the commission pursuant to this section shall forward a $1 fee for each dwelling unit contained in the mobile home park along with the application for registration to the commission The commission shall deposit all such fees in the State Mobile Home Tenant-Landlord Trust Fund Mobile home park owners or operators are authorized to charge each dwelling unit in the park a $1 fee per year to pay for compliance with the provisions of this section

History-s 6 ch 77-49 1 Note-Bracketed words inserted by the editors

83782 Powers of the commission-Within the limitations provided by law the commission shall have the power

(1) To maintain an office in the City of St Petersshyburg

(2) To meet and exercise its powers at any place within the state

(3) To employ and fix the compensation of pershysonnel as may be necessary to adequately perform its functions

(4) To receive investigate hold hearings on and pass upon the petitions of mobile home tenants as set forth in ss 83 770-83 794

(5) To make or arrange for studies appropriate to effectuate the purposes and policies of ss 83770-83794 and to make the results thereof available to the public

(6) To render at least annually a comprehensive written report to the Governor and to the Legislashyture The report may contain recommendations of the commission for legislation or other action to efshyfectuate the purposes and policies of ss 83770-83794

(7) To adopt promulgate amend and rescind rules to effectuate the purposes and policies of ss 83 770-83 794


83784 Commission required to act mobile home park owners required to notify tenants of rental or service charge increases-

(l)(a) Upon petition of 51 percent of the tenants of any dwelling units in a mobile home park who will be subject to a rental or service charge increase or a decrease in services in any calendar year in excess of the net United States Department of Labor Consumshyer Price Index increases since the last rental inshycrease the commission shall hold a hearing at the mobile home park or at such other facility selected by the commission so long as it is reasonably accessishyble to all parties at a date to be set by the commisshysion to determine whether or not the rental or sershyvice charge increase or a decrease in services is so great as to be unconscionable or not justified under the facts and circumstances of the particular situashytion

(bl Every petition to the commission for a hearshying must contain the signatures of at least 51 percent of all of the tenants of any mobile home park and must be accompanied by an affidavit attesting to the fact that the petition contains the required number of signatures The petition shall be submitted to the commission within 60 days from notification from the mobile home park owner as described in subsecshytion (3)

(2)(a) The increased costs to the owner of a mo-bile home park attributable to

1 Increases in utility rates 2 Property taxes 3 Fluctation in property value 4 Governmental assessments 5 Cost ofliving increases attributable to and relshy

evant to incidental services normal repair and maintenance and

6 Capital improvements not otherwise promised or contracted for

may be passed on to the tenants or prospective tenshyants in the form of increased rental or service charges if such increases are reasonable and justishyfied under the facts and circumstances of the particshyular case

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(b) The provisions of this subsection shall not be cumulative to the provisions of subsection (1) If the increases sought by the park owner together with all rental increases experienced by the tenants for the preceding 5 years exceed the cumulative cost of living increases for the same period then such proshyposed increases shall not be exempted from this comshymissions jurisdiction

(3) As of November 1 of each year every mobile home park owner shall notify each tenant of a dwellshying unit in the park whose rental agreement or sershyvice charge will be subject to negotiation and will be increased in the succeeding year of such fact and the amount of all proposed increases No rental or sershyvice charge increases shall be allowed unless propershyly noticed in writing as provided in this subsection

(4) The commission shall examine any rental or service charge increases which took effect on or after January 1 1977 [but prior to July 1 1977] upon petition of the tenants as required by this section within 60 days after July 1 1977

History-ss 8 15 ch 77-49 Note-Bracketed words inserted by the editors

83786 Commission to resolve rental or sershyvice charge increases rules-

(1) After holding a hearing pursuant to the provishysions of chapter 120 the commission shall require the mobile home park owner to

(a) Reduce the rental or service charges to a rate set by the commission

(b) Continue rental or service charges as they exshyisted under the former lease or agreement

(c) Increase the rental or service charges to a rate set by the commission or

(d) Increase the rental or service charges as the mobile home park owner has proposed

(2) In addition to any other rules which the comshymission may make the commission shall make rules to provide

(a) That any rental or service charge increases which have been collected by a mobile home park owner after the time that the tenants have petishytioned the commission and before the time that the commission acts upon the petition when the comshymission does not authorize the full increase shall be either returned to the tenants or credited toward future rental charges

(b) For procedures with respect to hearings at mobile home parks


83788 Representation-The mobile home tenshyants of any mobile home park within the purview of ss 83 770-83 794 may form an incorporated associashytion as provided by law This association may represhysent such tenants in any hearing before the commisshysion The association must have at least 60 percent of the total mobile home tenants of such park as registered members Such association shall have standing to represent its members in any legal proshyceeding relating to matters of common interest


83790 Appeal procedure-lf either party is not satisfied with the ruling of the commission as provided by this act such party shall have the right to appeal said ruling to the Circuit Court of the Judishycial Circuit in which the park is located Such notice of appeal must be filed within 30 days after the noshytice of the commissions ruling Any rental or service charge increases that are approved by the commisshysion shall be paid by the tenants to the park owners during any appeal process However if such inshycreases are not upheld on appeal then all sums paid under such increase provisions shall either be reshyfunded by the park owner or credited to the next ensuing rental or service charges due from said tenshyants If any increases are denied by the commission and the owner appeals then the proposed increases shall be paid to the owners as scheduled however the owner shall deposit the same monthly into the registry of the court These funds shall be disbursed as determined by the circuit court as provided in s 83763(3)


83792 Enforcement-lfno appeal is filed withshyin 30 days of notice of the ruling of the commission and either party fails refuses or neglects to conform to said ruling then the aggrieved party may seek enforcement of the ruling by filing a petition for compliance in the Circuit Court Such petition must have attached thereto a certified copy of the commisshysions ruling and must set forth the allegations which constitute noncompliance A copy of said petishytion shall he served by personal service on the nonshycomplying party together with a notice of hearing on the petition advising the noncomplying party that he must show cause as to why the ruling should not be enforced Such hearing shall be held no less than 20 days or more than 60 days after service on the noncomplying party Unless good cause is shown the Circuit Court shall enter its order directing the parshyties to comply with the commissions ruling The court shall enforce such ruling and may punish willshyful noncompliance by imposing fines against the parshyty in willful noncompliance Such fines shall not exshyceed $500 a day for each day the party continues in willful noncompliance


83794 State preemption of mobile home park rental regulation-It is declared to be the legislative intent that ss 83770-83794 shall preempt to the state all control of mobile home rents in mobile home parks subject to ss 83770-83794 and all units of local government are prohibited from legislating with respect to the same The jurisshydiction of the commission with respect to rents in mobile home parks subject toss 83770-83794 shall be exclusive and all proceedings under this act shall be held according to chapter 120 except for the apshypeal procedure


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any person leasing or rerenting any land or house fails to pay the rent at the time it becomes due the lessor may immediately thereafter enter and take possession of the property so leased or rented


8306 Right to demand double rent upon reshyfusal to deliver possession-

(1) When any tenant refuses to give up possesshysion of the premises at the end of his lease the landshylord his agent attorney or legal representatives may demand of such tenant double the monthly rent and may recover the same at the expiration of every month or in the same proportion for a longer or shorter time by distress in the manner pointed out hereinafter

(2) All contracts for rent verbal or in writing shall bear interest from the time the rent becomes due any law usage or custom to the contrary notshywithstanding

History-ss 4 6 Nov 21 1828 RS 1759 GS 2235 RGS 3554 CGL 5418 s 34 ch 67-254

8307 Action for use and occupation-Any landlord his heirs executors administrators or asshysigns may recover reasonable damages for any house lands tenements or hereditaments held or occupied by any person by his permission in an acshytion on the case for the use and occupation of the lands tenements or hereditaments when they are not held occupied by or under agreement or demise by deed and if on trial of any action any demise or agreement (not being by deed) whereby a certain rent was reserved is given in evidence the plaintiff shall not be dismissed but may make use thereof as an evidence of the quantum of damages to be recovshyered


8308 Landlords lien for rent-Every person to whom rent may be due his heirs executors adshyministrators or assigns shall have a lien for such rent upon the property found upon or off the premshyises leased or rented and in the possession of any person as follows

(1) Upon agricultural products raised on the land leased or rented for the current year This lien shall be superior to all other liens though of older date

(2) Upon all other property of the lessee or his sublessee or assigns usually kept on the premises This lien shall be superior to any lien acquired subseshyquent to the bringing of the property on the premises leased

(3) Upon all other property of the defendant This lien shall date from the levy of the distress warrant hereinafter provided

History-ss l 9 10 ch 3131 1879 RS 1761 GS 2237 RGS 3556 CGL 5420 s 34 ch 67 -254

8309 Exemptions from liens for rent-No property of any tenant or lessee shall be exempt from distress and sale for rent except beds bedshyclothes and wearing apparel

History-s 6 Feb 14 1835 RS 1762 GS 2238 RGS 3557 CGL 5421 s 34 ch 67-254

8310 Landlords lien for advances-Landshylords shall have a lien on the crop grown on rented land for advances made in money or other things of value whether made directly by them or at their instance and requested by another person or for which they have assumed a legal responsibility at or before the time at which such advances were made for the sustenance or well-being of the tenant or his family or for preparing the ground for cultivation or for cultivating gathering saving handling or preshyparing the crop for market They shall have a lien also upon each and every article advanced and upon all property purchased with money advanced or obshytained by barter or exchange for any articles adshyvanced for the aggregate value or price of all the property or articles so advanced The liens upon the crop shall be of equal dignity with liens for rent and upon the articles advanced shall be paramount to all other liens


8311 Distress for rent complaint-Any pershyson to whom any rent or money for advances is due his agent or attorney may file an action in the court in the county where the land lies having jurisdiction of the amount claimed The complaint shall allege the amount or quality and value of the rent due for such land or the advances and whether payable in money cotton or other agricultural product or thing


8312 Distress for rent form of writ-On filshying the complaint the clerk shall issue a distress writ commanding the sheriff to levy on property liashyble to be distrained for rent or advances and to colshylect the amount claimed or the value thereof and to summon defendant to answer the complaint Before the writ issues plaintiff his agent or attorney shall file a bond with surety to be approved by the clerk payable to defendant in at least double the sum deshymanded or if property in double the value of the property sought to be levied on conditioned to pay all costs and damages which defendant sustains in consequence of plaintiffs improperly suing out the distress

History-s 2 ch 3131 1879 RS 1765 GS 2241 s 10 ch 7838 1919 RGS 3560 CGL 5424 s 34 ch 67-254

8313 Distress for rent levy of writ-The ofshyficer shall execute the writ by service on defendant and by levy on property distrainable for rent or adshyvances if found in his jurisdiction If the property is not so found but is in another jurisdiction he shall deliver the writ to the proper officer in the other jurisdiction and the other officer shall execute the writ by levying on said property and delivering it to the officer of the court in which the action is pending to be disposed of according to law unless he is orshydered by the court from which the writ emanated to hold the property and dispose of it in his jurisdiction according to law If defendant cannot be found the levy on the property suffices as service on him


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Note-Former s 8335



8340 8341 8342 8343 8344 8345

8346 8347 8348 8349

8350 8351 8352

8353 8354

8355 8356 8357

8358 8359 8360

8361

8362 83625

8363

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al regulation









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Note-Former s 8371
















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Note-Former s 8335



8340 8341 8342 8343 8344 8345

8346 8347 8348 8349

8350 8351 8352

8353 8354

8355 8356 8357

8358 8359 8360

8361

8362 83625

8363

PART II







































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al regulation









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Note-Former s 8371
















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Note-Former s 8335



8340 8341 8342 8343 8344 8345

8346 8347 8348 8349

8350 8351 8352

8353 8354

8355 8356 8357

8358 8359 8360

8361

8362 83625

8363

PART II







































History-s 2 ch 73-330 s 1 ch 74-143

302



























303





























304




































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Hlstory-s 2 ch 73-330 a 1 ch 74-146






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History-s 2 ch 73-330 s 2 ch 74-146







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al regulation









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al regulation









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Documents

Ch. 83 LANDLORD AND TENANT Ch. 83 CHAPTER 83 LANDLORD …