Well... I just got evicted for using my front door!

[SEC1078]

What is the name of your state? Florida
I just bought a single wide mobile home that's located in a "mostly" RV park in Okeechobee to begin Snow birding.
I had the background check and was approved, and my lease began Nov 1st.
The lot came with a wheelchair accessible ramp (I am not disabled)
The previous owner told me the ramp cost 1200 so I calculated some of that into my offering price.
The park owner had made an offer on the same mobile home and my front door faces his front door with about 50' between us.
A week ago the park owner told me that I needed to remove the ramp and stop using the front door, that I should only use it in the case of an emergency.
I asked him to give me the request in writing and [insert Canadian accent here] "This is my f'n park and I don't got to give you anything; if you don't take down the ramp you will be evicted"
So... I agreed to take down the ramp and I had 4 people help me disassemble it this morning. After the ramp was removed, I placed a set of metal stairs next to the 5x5 deck that remained.
He came in later in the day and rather than say "Good job, thanks" He said "This wasn't the f'n deal... the stairs cannot face the street and have to face the swamp. I do not want you using the door except for emergencies."
I said I didn't have time to also take the rails off the deck yet to relocate the stairs and that I had already told the Camp Host that I would do that in a couple days and I was sorry he didn't tell him.
He kept on cussing me until I lost my politeness, and I told him the min lot size in FL for a single wide mobile home was 35' and that since there was only 10' between me and the RV on the other side that I also had 10' on the front and for him to not pile his sh!t on my lot or park his fleet of golf carts against my home any longer. He also has his garden hose attached to my plumbing and I removed it and laid it in his drive way.
He left and I went into town and when I got back a 30 day eviction notice was taped to my door.
This is the full story! I've only said hello as we passed on a couple occasions.
Oh... there was something else. The eviction notice says my rent will be doubled in 30 days until they removed me from my home.

 

[adjusterjack]

First of all, an eviction and a termination are two different things. Eviction is a court process.

If you want to leave within the 30 days, that's up to you.

If you want to fight his stupidity, stay put and let him file in court.

Do you have a written lease of a specific duration? If you have a written lease, he will have to show that you breached the terms of the lease.

If you don't have a written lease, then you are on month to month.

See my next post below.

 

[PayrollHRGuy]

Florida doesn't have a specific mobile home or RV park landlord tenant statute so this one will have to suffice.

Oh but it does. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0723/0723ContentsIndex.html

 

[adjusterjack]

Thanks. Don't know how I missed that.

 

[PayrollHRGuy]

Thanks. Don't know how I missed that.

I was pretty sure that Florida with other many snowbird nesting areas would have to have some sort of laws on it.

 

[adjusterjack]

I did know. But the one I posted turned out to be for MHP and RV operations, not landlord tenant.

 

[FarmerJ]

Unless your lease says the landlord can change terms any time mid lease the landlord might be able to change terms at the next lease renewal but if you wont agree to change terms mid lease you can refuse. SO what you want to learn about is if your state has written laws that address retaliatory acts by landlords and try to keep a eye out for another place where you could buy a lot to put it on. in case it comes to that . You can indeed learn if he is the actual owner from your counties property tax records, If he is not the actual owner then your free to contact the parks owner at the address that the property tax bills go to ( this is public information ) you didnt say if you pay your own water and sewer use via a meter but if you do and this guy is using your homes faucet then that is theft.

 

[SEC1078]

Thanks for all your comments.
After calling close to 50 attorneys, I finally spoke with one this morning that handled tenant issues and was accepting new cases and they told me on the phone that since it was a mobile home the park owner could simply give us 30 days and then have the sheriff remove us after 30 days without ever going to court. My stomach retched thinking how could it be this easy to steal someone's home.
I called a second attorney, and they said it wasn't as easy as that and we have an appointment with them Friday to discuss.
I got a quote to move the home and it was 12k; I paid 11K for the place... Others in the park said he has stolen more than one place in the past and will deny the background check for anyone I try to sell it to.

 

[PayrollHRGuy]

That seems counter to the law.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0723/Sections/0723.061.html

723.061 Eviction; grounds, proceedings.—
(1) A mobile home park owner may evict a mobile home owner, a mobile home tenant, a mobile home occupant, or a mobile home only on one or more of the following grounds:
(a) Nonpayment of the lot rental amount. If a mobile home owner or tenant, whichever is responsible, fails to pay the lot rental amount when due and if the default continues for 5 days after delivery of a written demand by the mobile home park owner for payment of the lot rental amount, the park owner may terminate the tenancy. However, if the mobile home owner or tenant, whichever is responsible, pays the lot rental amount due, including any late charges, court costs, and attorney’s fees, the court may, for good cause, deny the order of eviction, if such nonpayment has not occurred more than twice.
(b) Conviction of a violation of a federal or state law or local ordinance, if the violation is detrimental to the health, safety, or welfare of other residents of the mobile home park. The mobile home owner or mobile home tenant must vacate the premises within 7 days after the date the notice to vacate is delivered. This paragraph constitutes grounds to deny an initial tenancy of a purchaser of a home under paragraph (e) or to evict an unapproved occupant of a home.
(c) Violation of a park rule or regulation, the rental agreement, or this chapter.
1. For the first violation of any properly promulgated rule or regulation, rental agreement provision, or this chapter which is found by any court of competent jurisdiction to have been an act that endangered the life, health, safety, or property of the park residents or employees or the peaceful enjoyment of the mobile home park by its residents, the mobile home park owner may terminate the rental agreement, and the mobile home owner, tenant, or occupant must vacate the premises within 7 days after the notice to vacate is delivered.
2. For a second violation of the same properly promulgated rule or regulation, rental agreement provision, or this chapter within 12 months, the mobile home park owner may terminate the tenancy if she or he has given the mobile home owner, tenant, or occupant written notice, within 30 days after the first violation, which specified the actions of the mobile home owner, tenant, or occupant that caused the violation and gave the mobile home owner, tenant, or occupant 7 days to correct the noncompliance. The mobile home owner, tenant, or occupant must have received written notice of the ground upon which she or he is to be evicted at least 30 days prior to the date on which she or he is required to vacate. A second violation of a properly promulgated rule or regulation, rental agreement provision, or this chapter within 12 months of the first violation is unequivocally a ground for eviction, and it is not a defense to any eviction proceeding that a violation has been cured after the second violation. Violation of a rule or regulation, rental agreement provision, or this chapter more than 1 year after the first violation of the same rule or regulation, rental agreement provision, or this chapter does not constitute a ground for eviction under this section.
A properly promulgated rule or regulation may not be arbitrarily applied and used as a ground for eviction.
(d) Change in use of the land comprising the mobile home park, or the portion thereof from which mobile homes are to be evicted, from mobile home lot rentals to some other use, if:
1. The park owner gives written notice to the homeowners’ association formed and operating under ss. 723.075-723.079of its right to purchase the mobile home park, if the land comprising the mobile home park is changing use from mobile home lot rentals to a different use, at the price and under the terms and conditions set forth in the written notice.
a. The notice shall be delivered to the officers of the homeowners’ association by United States mail. Within 45 days after the date of mailing of the notice, the homeowners’ association may execute and deliver a contract to the park owner to purchase the mobile home park at the price and under the terms and conditions set forth in the notice. If the contract between the park owner and the homeowners’ association is not executed and delivered to the park owner within the 45-day period, the park owner is under no further obligation to the homeowners’ association except as provided in sub-subparagraph b.
b. If the park owner elects to offer or sell the mobile home park at a price lower than the price specified in her or his initial notice to the officers of the homeowners’ association, the homeowners’ association has an additional 10 days to meet the revised price, terms, and conditions of the park owner by executing and delivering a revised contract to the park owner.
c. The park owner is not obligated under this subparagraph or s. 723.071 to give any other notice to, or to further negotiate with, the homeowners’ association for the sale of the mobile home park to the homeowners’ association after 6 months after the date of the mailing of the initial notice under sub-subparagraph a.
2. The park owner gives the affected mobile home owners and tenants at least 6 months’ notice of the eviction due to the projected change in use and of their need to secure other accommodations. Within 20 days after giving an eviction notice to a mobile home owner, the park owner must provide the division with a copy of the notice. The division must provide the executive director of the Florida Mobile Home Relocation Corporation with a copy of the notice.
a. The notice of eviction due to a change in use of the land must include in a font no smaller than the body of the notice the following statement:
YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME RELOCATION CORPORATION (FMHRC). FMHRC CONTACT INFORMATION IS AVAILABLE FROM THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.
b. The park owner may not give a notice of increase in lot rental amount within 90 days before giving notice of a change in use.
(e) Failure of the purchaser, prospective tenant, or occupant of a mobile home situated in the mobile home park to be qualified as, and to obtain approval to become, a tenant or occupant of the home, if such approval is required by a properly promulgated rule. If a purchaser or prospective tenant of a mobile home situated in the mobile home park occupies the mobile home before such approval is granted, the mobile home owner or mobile home tenant must vacate the premises within 7 days after the date the notice of the failure to be approved for tenancy is delivered.
(2) In the event of eviction for a change in use, homeowners must object to the change in use by petitioning for administrative or judicial remedies within 90 days after the date of the notice or they will be barred from taking any subsequent action to contest the change in use. This subsection does not prevent any homeowner from objecting to a zoning change at any time.
(3) A mobile home park owner applying for the removal of a mobile home owner, tenant, or occupant or a mobile home shall file, in the county court in the county where the mobile home lot is situated, a complaint describing the lot and stating the facts that authorize the removal of the mobile home owner, tenant, or occupant or the mobile home. The park owner is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar.
(4) Except for the notice to the officers of the homeowners’ association under subparagraph (1)(d)1., any notice required by this section must be in writing, and must be posted on the premises and sent to the mobile home owner and tenant or occupant, as appropriate, by certified or registered mail, return receipt requested, addressed to the mobile home owner and tenant or occupant, as appropriate, at her or his last known address. Delivery of the mailed notice shall be deemed given 5 days after the date of postmark.
(5) A park owner who accepts payment of any portion of the lot rental amount with actual knowledge of noncompliance after notice and termination of the rental agreement due to a violation under paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e) does not waive the right to terminate the rental agreement or the right to bring a civil action for the noncompliance, but not for any subsequent or continuing noncompliance. Any rent so received must be accounted for at the final hearing.

History.—s. 1, ch. 84-80; s. 11, ch. 86-162; ss. 7, 8, ch. 87-117; ss. 2, 3, 4, ch. 87-150; s. 16, ch. 88-147; s. 3, ch. 91-66; s. 12, ch. 92-148; s. 925, ch. 97-102; s. 6, ch. 2001-227; s. 7, ch. 2003-263; s. 1, ch. 2007-47; s. 2, ch. 2011-105; s. 29, ch. 2020-27.

 

[SEC1078]

I had my meeting with the attorney this morning.
He said the 30 day notice (83.57) was the wrong notice while within a lease; to just ignore it and let him file and waste his money.
He said to call back if/when the summons is actually served.
He said that it would be a small matter to have it dismissed because we are within our lease and there were no lease violations.
He advised against filing suit for the cost of me removing my own ramp even though it was under duress since he thought it may be harder to prove retaliation that I expect.
He did say that I can consider filing a counter suit for his fees and the cost of ramp if the landlord actually files.
He also said I could rebuild the ramp or not, that it was there when I moved it and could be replaced.

 

[PayrollHRGuy]

I had my meeting with the attorney this morning.
He said the 30 day notice (83.57) was the wrong notice while within a lease; to just ignore it and let him file and waste his money.
He said to call back if/when the summons is actually served.
He said that it would be a small matter to have it dismissed because we are within our lease and there were no lease violations.
He advised against filing suit for the cost of me removing my own ramp even though it was under duress since he thought it may be harder to prove retaliation that I expect.
He did say that I can consider filing a counter suit for his fees and the cost of ramp if the landlord actually files.
He also said I could rebuild the ramp or not, that it was there when I moved it and could be replaced.

I'm glad you found a lawyer that could read the law that is really pretty clear on the issue.

Good luck.

 

[FarmerJ]

If you typically pay your rent via us mail you might want to pay your January rent via confirmed mail delivery in case the landlord tries to claim you did not pay your rent you would have a receipt from the Post office that would show a court that it was delivered to the LL. Or to pay via Certified mail that would give a slightly stronger proof that payment was sent and if the LL refused to sign for or pick up the mail after getting notice from the post office then the LL in court would have no real excuse to offer to a court for refusing to pick up his mail

 

[SEC1078]

If you typically pay your rent via us mail you might want to pay your January rent via confirmed mail delivery in case the landlord tries to claim you did not pay your rent you would have a receipt from the Post office that would show a court that it was delivered to the LL. Or to pay via Certified mail that would give a slightly stronger proof that payment was sent and if the LL refused to sign for or pick up the mail after getting notice from the post office then the LL in court would have no real excuse to offer to a court for refusing to pick up his mail

You were already right and didn't know it; we paid Jan on the 6th of Dec and they said they didn't get it. We had to go online and print the front and back of the check showing they deposited it before we finally got a receipt 2 days ago. We stopped the auto payment from continuing and will just pay the camp host/manager and get a receipt from him.
For anyone who learns from other's mistakes; "Do not move into a park where the property owner also lives in the park and especially if they live in the lot next to you."
I think when we go to sell in a couple months, I'll have the buyer fill out a background check under the guise they may be moving an RV in; then they can say they decided to buy my place.

 

[Litigator22]

Or to pay via Certified mail that would give a slightly stronger proof that payment was sent and if the LL refused to sign for or pick up the mail after getting notice from the post office then the LL in court would have no real excuse to offer to a court for refusing to pick up his mail ?

Any effort to put forth justification for not accepting delivery of the mailing would be an admission that it was mailed.

 

[SEC1078]

Question for the experts:
Do FL statutes 723.xx apply to mobile homes located in RV parks? I understand that only 2 lots in my park are zoned for mobile homes (mine and the park owner) and the remainder are RV spaces. I believe RV parks fall under 513.xx and don't know if I'm protected by the 723 statutes. (75 RV spaces 2 mobile home spaces)
My home is 48' so definitely falls into the mobile home category, but I don't know if I fall under the 513 or 723 statutes because of where it is located.
Does anyone know of any case law that applies to mobile homes/lots within an RV park?
We are two weeks away from the end of the 30-day notice to GTFO.
If 723 applies to me and he files for eviction I will ask the judge to extend the 6 month lease to 1 year based on 723.031(4) requiring a 1 year minimum lease period for mobile homes.
Not sure what else I can counter for in an eviction proceeding; maybe intimidation to remove the $1200 wheelchair ramp which reduced value of home.
Thanks for your time!