Florida Mobile Home Park Lease Law: What Operators Need to Include

What must a mobile home lot lease include in Florida?

Mobile home lot tenancies in Florida are governed by Chapter 723 of the Florida Statutes, the Florida Mobile Home Act. Under Fla. Stat. 723.002(1) the chapter applies to any tenancy where a home sits on a rented lot in a park offering 10 or more lots for rent. This is different from a conventional apartment lease: the home is owned by the resident, and the operator rents the underlying lot, so Florida layers on heavy up-front disclosure duties.

The single most important document is the prospectus (offering circular). If a park contains 26 or more lots, the owner must file a prospectus with the state Division (DBPR) and deliver an approved copy to the homeowner before any enforceable lot rental agreement is signed (Fla. Stat. 723.011(1)(a)). The prospectus, plus the rules and regulations, are then deemed incorporated into the rental agreement (Fla. Stat. 723.031(10)), so the operator is bound by what it disclosed.

In short, a compliant Florida lot tenancy is not just a lease. It is (1) a state-approved prospectus delivered before signing, (2) a written rental agreement stating the lot rental amount and included services, and (3) complete, advance disclosure of every fee. Get any of these wrong and Florida law can bar the operator from collecting the charge or enforcing the term.

The prospectus: Fla. Stat. 723.011 and 723.012

Fla. Stat. 723.011(1)(a) sets the trigger: 'In a mobile home park containing 26 or more lots, the park owner shall file a prospectus with the division. Prior to entering into an enforceable rental agreement for a mobile home lot, the park owner shall deliver to the homeowner a prospectus approved by the division.' The Division reviews and approves (or flags deficiencies) within 45 days. Note the 26-lot threshold is higher than the 10-lot threshold that makes Chapter 723 apply in the first place, so smaller parks can be under the chapter without filing a full prospectus.

Fla. Stat. 723.012 dictates the contents. It opens: 'The prospectus or offering circular, which is required to be provided by s. 723.011, must contain the following information:' and then lists the park name and location; the number of lots, approximate lot size, setback and minimum separation between homes; recreational and common facilities; how utilities and services (sewage and waste disposal, cable, water supply, storm drainage) are provided; the manner and factors of lot rental amount increases with at least 90 days' notice; disclosure of all user fees charged for services; the rules and regulations and how they may be changed; zoning; and copies of exhibits including the form rental agreement.

The prospectus also gives the homeowner a cooling-off right. As the statute states (printed in capitals in the text): 'Upon delivery of the prospectus to a prospective lessee, the rental agreement is voidable by the lessee for a period of 15 days.' Operators should time delivery and signing so this 15-day window is honored and documented.

Rental-agreement contents: Fla. Stat. 723.031

The written agreement itself has a mandatory core. Fla. Stat. 723.031(5): 'The rental agreement must contain the lot rental amount and services included. An increase in lot rental amount upon expiration of the term of the lot rental agreement must be in accordance with ss. 723.033 and 723.037 or s. 723.059(4), whichever is applicable.' So the lease must state the lot rent and exactly what services that rent buys, and it must tie future increases to the statutory mechanisms rather than leaving them open-ended.

The agreement cannot exist in isolation from the disclosures. Fla. Stat. 723.031(10) provides that 'The rules and regulations and the prospectus shall be deemed to be incorporated into the rental agreement,' which is how Florida binds the operator to its prospectus promises. And under 723.031(2), the statutorily required provisions are read into the tenancy whether or not a written agreement covers them, so an operator cannot escape a duty by omitting it from the paper.

The agreement also may not carry improper rules. Fla. Stat. 723.031(1): 'No rental agreement shall contain any rule or regulation prohibited by this chapter, nor shall it provide for promulgation of any rule or regulation inconsistent with this chapter or amendment of any rule or regulation inconsistently with this chapter.'

Disclosures, fee limits, and prohibited provisions

Florida makes fee disclosure self-policing. Fla. Stat. 723.031(6): 'Except for pass-through charges, as defined in this chapter, failure on the part of the mobile home park owner or developer to disclose fully all fees, charges, or assessments prior to tenancy... shall prevent the park owner or operator from collecting said fees, charges, or assessments; and refusal by the mobile home owner to pay any such fee, charge, or assessment shall not be used by the park owner or developer as a cause for eviction in any court of law.' Undisclosed means uncollectible, and non-payment of an undisclosed charge is not grounds to evict.

Rules cannot be used to add hidden money. Fla. Stat. 723.035(2): 'No rule or regulation shall provide for payment of any fee, fine, assessment, or charge, except as otherwise provided in the prospectus or offering circular filed under s. 723.012, if one is required to be provided, and until after the park owner has complied with the procedure set forth in s. 723.037.' Rules must also be posted conspicuously (723.035(1)). Any later change to rent, services, utilities, or rules requires 90 days' advance written notice under 723.037.

Finally, Florida uses an 'unreasonable' standard rather than 'unconscionable.' Under Fla. Stat. 723.033(1), if a court finds the lot rental amount, an increase, a change, or any provision of the agreement unreasonable, it may refuse to enforce the agreement, refuse to enforce the increase or change, or enforce the remainder of the agreement without the unreasonable provision. That, combined with 723.031(1), 723.031(6), and 723.035(2), is the practical list of prohibited terms.

Lease requirements at a glance in Florida

• Chapter applies at 10+ lots
  Fla. Stat. 723.002(1) governs any tenancy where a home sits on a rented lot in a park offering 10 or more lots for rent or lease.
• Prospectus required at 26+ lots
  Fla. Stat. 723.011(1)(a): parks with 26 or more lots must file a DBPR-approved prospectus and deliver it to the homeowner before an enforceable rental agreement.
• Prospectus contents are prescribed
  Fla. Stat. 723.012 requires the park name/location, lot count and sizes, setbacks, common facilities, services/utilities, rent-increase manner with 90-day notice, all user fees, and the rules and regulations.
• 15-day right to void
  Fla. Stat. 723.012: upon delivery of the prospectus the rental agreement is voidable by the lessee for 15 days.
• Lease must state rent and services
  Fla. Stat. 723.031(5): the rental agreement must contain the lot rental amount and the services included, with increases tied to ss. 723.033 and 723.037.
• Prospectus and rules are incorporated
  Fla. Stat. 723.031(10): the rules and regulations and the prospectus are deemed incorporated into the rental agreement, binding the operator.
• Disclose every fee before tenancy
  Fla. Stat. 723.031(6): fees, charges, or assessments not disclosed before tenancy cannot be collected, and non-payment is not a cause for eviction.
• No fee unless it is in the prospectus
  Fla. Stat. 723.035(2): no rule may impose a fee, fine, assessment, or charge except as provided in the filed prospectus and after the 723.037 procedure.
• 90-day notice to change terms
  Fla. Stat. 723.037: 90 days' advance written notice is required before any lot rental increase, reduction in services or utilities, or change in rules and regulations.
• Courts can strike unreasonable terms
  Fla. Stat. 723.033(1): a court may refuse to enforce an unreasonable agreement, increase, or change, or enforce the remainder without the unreasonable provision.

Operator best practices in Florida

• Deliver the prospectus first, then sign
  Never sign a lot rental agreement before an approved prospectus is delivered (723.011); document the delivery date so the 15-day void window under 723.012 is clean.
• Keep the prospectus and lease consistent
  Because 723.031(10) incorporates the prospectus into the lease, reconcile lot rent, services, and fees across both documents so nothing contradicts what was filed with DBPR.
• Publish a complete fee schedule up front
  List every fee, charge, and assessment before tenancy; under 723.031(6) anything undisclosed is uncollectible and cannot support eviction.
• Route all rule and rent changes through 90-day notice
  Use the 723.037 procedure and give at least 90 days' written notice to affected homeowners and any HOA board before increases, service reductions, or rule changes.
• Do not bury charges in rules
  Per 723.035(2), a rule cannot impose a fee unless it is in the prospectus; post the rules conspicuously as 723.035(1) requires.
• Avoid provisions a court would call unreasonable
  Review lease terms against 723.033; unreasonable rent, increases, or provisions can be struck while the rest of the lease is enforced.
• Confirm the current statute each year
  Chapter 723 is amended periodically; verify the latest text on flsenate.gov before drafting or updating forms.
• Build a relationship with a Florida MHP attorney
  Have Florida mobile-home-park counsel review your prospectus, rental agreement, and rule changes; the disclosure regime is technical and mistakes cost the operator the right to collect.