Can my landlord ask us to move because she no longer wants to rent to large dog owners?
Full Question:
I have lived in this trailer park for about 8 years..my husband and I have had our dog Major for 5 of those years. The owner is trying to make everyone that has dogs over 35 lbs get rid of their dogs. When my husband was alive he had a good reason to keep Major because of his mental disorder. He passed away in Dec of 2006 and now she is starting to tell people that they have to get rid of the dogs or get evicted. Yes, she had a big dog clause when we moved in but she said it was ok. our first dog passed away, then we got major and have had him for 5 years....my question....can she do this ?
05/06/2007 |
Category: Landlord Tenant |
State: Florida |
#3926
Answer:
You should carefully read your rental agreement to determine your rights as a tenant of the mobile home park and the owner's rights to the property.
The applicable Florida statutes are as follows:
723.021 Obligation of good faith and fair dealings. —
Every rental agreement or duty within this chapter imposes an obligation
of good faith and fair dealings in its performance or enforcement. Either
party to a dispute under this chapter may seek an order finding the other
party has not complied with the obligations of good faith and fair
dealings. Upon such a finding, the court shall award reasonable costs and
attorney's fees to the prevailing party for proving the noncompliance.
723.022 Mobile home park owner's general obligations. —
A mobile home park owner shall at all times:
(1) Comply with the requirements of applicable building, housing, and
health codes.
(2) Maintain buildings and improvements in common areas in a good state
of repair and maintenance and maintain the common areas in a good state of
appearance, safety, and cleanliness.
(3) Provide access to the common areas, including buildings and
improvements thereto, at all reasonable times for the benefit of the park
residents and their guests.
(4) Maintain utility connections and systems for which the park owner is
responsible in proper operating condition.
(5) Comply with properly promulgated park rules and regulations and
require other persons on the premises with his or her consent to comply
therewith and conduct themselves in a manner that does not unreasonably
disturb the park residents or constitute a breach of the peace.
723.023 Mobile home owner's general obligations. —
A mobile home owner shall at all times:
(1) Comply with all obligations imposed on mobile home owners by
applicable provisions of building, housing, and health codes.
(2) Keep the mobile home lot which he or she occupies clean and sanitary.
(3) Comply with properly promulgated park rules and regulations and
require other persons on the premises with his or her consent to comply
therewith and to conduct themselves in a manner that does not unreasonably
disturb other residents of the park or constitute a breach of the peace.
723.031 Mobile home lot rental agreements. —
(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.
(2) Whether or not a tenancy is covered by a valid written rental
agreement, the required statutory provisions shall be deemed to be a part
of the rental agreement.
(3) The homeowner shall have no financial obligation to the park owner as
a condition of occupancy in the park, except the lot rental amount. The
parties may agree otherwise as to user fees which the homeowner chooses to
incur. No user fees shall be charged by the park owner to the mobile home
owner for any services which were previously provided by the park owner and
included in the lot rental amount unless there is a corresponding decrease
in the lot rental amount.
(4) No rental agreement shall be offered by a park owner for a term of
less than 1 year, and if there is no written rental agreement, no rental
term shall be less than 1 year from the date of initial occupancy; however,
the initial term may be less than 1 year in order to permit the park owner
to have all rental agreements within the park commence at the same time.
Thereafter, all terms shall be for a minimum of 1 year.
(5) The rental agreement shall contain the lot rental amount and services
included. An increase in lot rental amount upon expiration of the term of
the lot rental agreement shall be in accordance with ss. 723.033 and
723.037 or s. 723.059(4), whichever is applicable, provided that, pursuant
to s. 723.059(4), the amount of the lot rental increase is disclosed and
agreed to by the purchaser, in writing. An increase in lot rental amount
shall not be arbitrary or discriminatory between similarly situated tenants
in the park. No lot rental amount may be increased during the term of the
lot rental agreement, except:
(a) When the manner of the increase is disclosed in a lot rental
agreement with a term exceeding 12 months and which provides for such
increases not more frequently than annually.
(b) For pass-through charges as defined in s. 723.003(10).
(c) That no charge may be collected that results in payment of money for
sums previously collected as part of the lot rental amount. The provisions
hereof notwithstanding, the mobile home park owner may pass on, at any time
during the term of the lot rental agreement, ad valorem property taxes and
utility charges, or increases of either, provided that the ad valorem
property taxes and the utility charges are not otherwise being collected in
the remainder of the lot rental amount and provided further that the
passing on of such ad valorem taxes or utility charges, or increases of
either, was disclosed prior to tenancy, was being passed on as a matter of
custom between the mobile home park owner and the mobile home owner, or
such passing on was authorized by law. Such ad valorem taxes and utility
charges shall be a part of the lot rental amount as defined by this
chapter. Other provisions of this chapter notwithstanding, pass-on charges
may be passed on only within 1 year of the date a mobile home park owner
remits payment of the charge. A mobile home park owner is prohibited from
passing on any fine, interest, fee, or increase in a charge resulting from
a park owner's payment of the charge after the date such charges become
delinquent. Nothing herein shall prohibit a park owner and a homeowner from
mutually agreeing to an alternative manner of payment to the park owner of
the charges.
(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, unless it can be shown
that such fees, charges, or assessments have been collected as a matter of
custom between the mobile home park owner and the mobile home owner, 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.
(7) No park owner may increase the lot rental amount until an approved
prospectus has been delivered if one is required. This subsection shall not
be construed to prohibit those increases in lot rental amount for those lot
rental agreements for which an approved prospectus was required to be
delivered and which was delivered on or before July 1, 1986, if the mobile
home park owner had:
(a) Filed a prospectus with the division prior to entering into the lot
rental agreement;
(b) Made a good faith effort to correct deficiencies cited by the
division by responding within the time limit set by the division, if one
was set; and
(c) Delivered the approved prospectus to the mobile home owner within 45
days of approval by the division.
This subsection shall not preclude the finding that a lot rental increase
is invalid on other grounds and shall not be construed to limit any
rights of a mobile home owner or to preclude a mobile home owner from
seeking any remedies allowed by this chapter, including a determination
that the lot rental agreement or any part thereof is unreasonable.
(8) If a mobile home owner has deposited or advanced money on a rental
agreement as security for performance of the rental agreement, which money
is held in excess of 3 months by the mobile home park owner or his or her
agent, such deposit shall be handled pursuant to s. 83.49.
(9) No rental agreement shall provide for the eviction of a mobile home
owner on a ground other than one contained in s. 723.061.
(10) The rules and regulations and the prospectus shall be deemed to be
incorporated into the rental agreement.
723.032 Prohibited or unenforceable provisions in mobile home lot rental
agreements. —
(1) A mobile home lot rental agreement may provide a specific duration
with regard to the amount of rental payments and other conditions of the
tenancy, but the rental agreement shall neither provide for, nor be
construed to provide for, the termination of any tenancy except as provided
in s. 723.061.
(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
requirements set forth in this chapter or arising under law.
723.033 Unreasonable lot rental agreements; increases, changes. —
(1) If the court, as a matter of law, finds a mobile home lot rental
amount, rent increase, or change, or any provision of the rental agreement,
to be unreasonable, the court may:
(a) Refuse to enforce the lot rental agreement.
(b) Refuse to enforce the rent increase or change.
(c) Enforce the remainder of the lot rental agreement without the
unreasonable provision.
(d) Limit the application of the unreasonable provision so as to avoid
any unreasonable result.
(e) Award a refund or a reduction in future rent payments.
(f) Award such other equitable relief as deemed necessary.
(2) When it is claimed or appears to the court that a lot rental amount,
rent increase, or change, or any provision thereof, may be unreasonable,
the parties shall be afforded a reasonable opportunity to present evidence
as to its meaning and purpose, the relationship of the parties, and other
relevant factors to aid the court in making the determination.
(3) For the purposes of this section, a lot rental amount that is in
excess of market rent shall be considered unreasonable.
(4) Market rent means that rent which would result from market forces
absent an unequal bargaining position between mobile home park owners and
mobile home owners.
(5) In determining market rent, the court may consider rents charged by
comparable mobile home parks in its competitive area. To be comparable, a
mobile home park must offer similar facilities, services, amenities, and
management.
(6) In determining whether a rent increase or resulting lot rental amount
is unreasonable, the court may consider economic or other factors,
including, but not limited to, increases or decreases in the consumer price
index, published by the Bureau of Labor Statistics of the Department of
Labor; increases or decreases in operating costs or taxes; and prior
disclosures.
(7) An arbitrator or mediator under ss. 723.037, 723.038, and 723.0381
shall employ the same standards as set forth in this section.
723.035 Rules and regulations. —
(1) A copy of all rules and regulations shall be posted in the recreation
hall, if any, or in some other conspicuous place in the park.
(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.
723.037 Lot rental increases; reduction in services or utilities; change in
rules and regulations; mediation. —
(1) A park owner shall give written notice to each affected mobile home
owner and the board of directors of the homeowners' association, if one has
been formed, at least 90 days prior to any increase in lot rental amount or
reduction in services or utilities provided by the park owner or change in
rules and regulations. The notice shall identify all other affected
homeowners, which may be by lot number, name, group, or phase. If the
affected homeowners are not identified by name, the park owner shall make
the names and addresses available upon request. Rules adopted as a result
of restrictions imposed by governmental entities and required to protect
the public health, safety, and welfare may be enforced prior to the
expiration of the 90-day period but are not otherwise exempt from the
requirements of this chapter. Pass-through charges must be separately
listed as to the amount of the charge, the name of the governmental entity
mandating the capital improvement, and the nature or type of the
pass-through charge being levied. Notices of increase in the lot rental
amount due to a pass-through charge shall state the additional payment and
starting and ending dates of each pass-through charge. The homeowners'
association shall have no standing to challenge the increase in lot rental
amount, reduction in services or utilities, or change of rules and
regulations unless a majority of the affected homeowners agree, in writing,
to such representation.
(2) Notice as required by this section shall, in addition to the
information required in subsection (1), only be required to include the
dollar amount of the relevant portions of the present lot rental amount
that are being increased and the dollar amount of the proposed increases in
lot rental amount if there is an increase in the lot rental amount, the
reduction in services or utilities, or the change in rules and regulations
and the effective date thereof.
(3) The park owner shall file annually with the division a copy of any
notice of a lot rental amount increase. The notice shall be filed on or
before January 1 of each year for any notice given during the preceding
year. If the actual increase is an amount less than the proposed amount
stated in the notice, the park owner shall notify the division of the
actual amount of the increase within 30 days of the effective date of the
increase or at the time of filing, whichever is later.
(4)
(a) A committee, not to exceed five in number, designated by a
majority of the affected mobile home owners or by the board of directors of
the homeowners' association, if applicable, and the park owner shall meet,
at a mutually convenient time and place within 30 days after receipt by the
homeowners of the notice of change, to discuss the reasons for the increase
in lot rental amount, reduction in services or utilities, or change in
rules and regulations.
(b)
1. At the meeting, the park owner or subdivision developer shall in
good faith disclose and explain all material factors resulting in the
decision to increase the lot rental amount, reduce services or utilities,
or change rules and regulations, including how those factors justify the
specific change proposed. The park owner or subdivision developer may not
limit the discussion of the reasons for the change to generalities only,
such as, but not limited to, increases in operational costs, changes in
economic conditions, or rents charged by comparable mobile home parks. For
example, if the reason for an increase in lot rental amount is an increase
in operational costs, the park owner must disclose the item or items which
have increased, the amount of the increase, any similar item or items which
have decreased, and the amount of the decrease. If an increase is based
upon the lot rental amount charged by comparable mobile home parks, the
park owner shall disclose, and provide in writing to the committee at or
before the meeting, the name, address, lot rental amount, and any other
relevant factors relied upon by the park owner, such as facilities,
services, and amenities, concerning the comparable mobile home parks. The
information concerning comparable mobile home parks to be exchanged by the
parties is to encourage a dialogue concerning the reasons used by the park
owner for the increase in lot rental amount and to encourage the home
owners to evaluate and discuss the reasons for those changes with the park
owner. The park owner shall prepare a written summary of the material
factors and retain a copy for 3 years. The park owner shall provide the
committee a copy of the summary at or before the meeting.
2. The park owner shall not limit the comparable mobile home park
disclosure to those mobile home parks that are owned or operated by the
same owner or operator as the subject park, except in certain
circumstances, which include, but are not limited to:
a. That the market area for comparable mobile home parks includes mobile
home parks owned or operated by the same entity that have similar
facilities, services, and amenities;
b. That the subject mobile home park has unique attributes that are
shared with similar mobile home parks;
c. That the mobile home park is located in a geographic or market area
that contains few comparable mobile home parks; or
d. That there are similar considerations or factors that would be
considered in such a market analysis by a competent professional and would
be considered in determining the valuation of the market rent.
(c) If the committee disagrees with a park owner's lot rental amount
increase based upon comparable mobile home parks, the committee shall
disclose to the park owner the name, address, lot rental amount, and any
other relevant factors relied upon by the committee, such as facilities,
services, and amenities, concerning the comparable mobile home parks. The
committee shall provide to the park owner the disclosure, in writing,
within 15 days after the meeting with the park owner, together with a
request for a second meeting. The park owner shall meet with the committee
at a mutually convenient time and place within 30 days after receipt by the
park owner of the request from the committee to discuss the disclosure
provided by the committee. At the second meeting, the park owner may take
into account the information on comparable parks provided by the committee,
may supplement the information provided to the committee at the first
meeting, and may modify his or her position, but the park owner may not
change the information provided to the committee at the first meeting.
(d) The committee and the park owner may mutually agree, in writing, to
extend or continue any meetings required by this section.
(e) Either party may prepare and use additional information to support
its position during or subsequent to the meetings required by this section.
This subsection is not intended to be enforced by civil or administrative
action. Rather, the meetings and discussions are intended to be in the
nature of settlement discussions prior to the parties proceeding to
mediation of any dispute.
(5)
(a) Within 30 days after the date of the last scheduled meeting
described in subsection (4), the homeowners may petition the division to
initiate mediation of the dispute pursuant to s. 723.038 if a majority of
the affected homeowners have designated, in writing, that:
1. The rental increase is unreasonable;
2. The rental increase has made the lot rental amount unreasonable;
3. The decrease in services or utilities is not accompanied by a
corresponding decrease in rent or is otherwise unreasonable; or
4. The change in the rules and regulations is unreasonable.
(b) A park owner, within the same time period, may also petition the
division to initiate mediation of the dispute.
(c) When a dispute involves a rental increase for different home owners
and there are different rates or different rental terms for those home
owners, all such rent increases in a calendar year for one mobile home park
may be considered in one mediation proceeding.
(d) At mediation, the park owner and the homeowners committee may
supplement the information provided to each other at the meetings described
in subsection (4) and may modify their position, but they may not change
the information provided to each other at the first and second meetings.
The purpose of this subsection is to encourage discussion and evaluation
by the parties of the comparable mobile home parks in the competitive
market area. The requirements of this subsection are not intended to be
enforced by civil or administrative action. Rather, the meetings and
discussions are intended to be in the nature of settlement discussions
prior to the parties proceeding to litigation of any dispute.
(6) If a party requests mediation and the opposing party refuses to agree
to mediate upon proper request, the party refusing to mediate shall not be
entitled to attorney's fees in any action relating to a dispute described
in this section.
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
grounds provided in this section.
(a) Nonpayment of 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, provided such nonpayment has not
occurred more than twice.
(b) Conviction of a violation of a federal or state law or local
ordinance, which violation may be deemed detrimental to the health, safety,
or welfare of other residents of the mobile home park. The mobile home
owner or mobile home tenant will have 7 days from the date that notice to
vacate is delivered to vacate the premises. This paragraph shall be grounds
to deny an initial tenancy of a purchaser of a home pursuant to 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 having jurisdiction thereof to have been an act which 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 will have 7 days from the date that the notice
is delivered to vacate the premises.
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 of
the first violation, which notice specified the actions of the mobile home
owner, tenant, or occupant which 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 after the
passage of 1 year from 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.
No properly promulgated rule or regulation may 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, provided all tenants affected are
given at least 6 months' notice of the projected change of use and of
their need to secure other accommodations. The notice shall include in a
font no smaller than the body of the notice: 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. 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 approval is granted, the mobile home owner or mobile
home tenant shall have 7 days from the date the notice of the failure to be
approved for tenancy is delivered to vacate the premises.
(2) In the event of eviction for change of use, homeowners must object to
the change in use by petitioning for administrative or judicial remedies
within 90 days of the date of the notice or they will be barred from taking
any subsequent action to contest the change in use. This provision shall
not be construed to prevent any homeowner from objecting to a zoning change
at any time.
(3) The provisions of s. 723.083 shall not be applicable to any park
where the provisions of this subsection [fn1] apply.
(4) A mobile home park owner applying for the removal of a mobile home
owner, tenant, 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, 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.
(5) 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.
[fn1] Note. — The reference to "this subsection" appears as it did prior to
the amendment by s. 6, ch. 2001-227. Prior to the amendment, subsection (3)
was paragraph (2)(d).
723.062 Removal of mobile home owner; process. —
(1) In an action for possession, after entry of judgment in favor of the
mobile home park owner, the clerk shall issue a writ of possession to the
sheriff, describing the lot or premises and commanding the sheriff to put
the mobile home park owner in possession. The writ of possession shall not
issue earlier than 10 days from the date judgment is granted.
(2) At the time the sheriff executes the writ of possession, the landlord
or the landlord's agent may remove any personal property, including the
mobile home, found on the premises to or near the property line or, in the
case of the mobile home, into storage. If requested by the landlord, the
sheriff shall stand by to keep the peace while the landlord removes
personal property. When such a request is made, the sheriff may charge a
reasonable hourly rate, and the person requesting the sheriff to stand by
to keep the peace shall be responsible for paying the reasonable hourly
rate set by the sheriff. Neither the sheriff nor the landlord nor his or
her agent shall be responsible to the tenant or any other party for loss,
destruction, or damage to the property after it has been removed.
723.063 Defenses to action for rent or possession; procedure. —
(1) In any action based upon nonpayment of rent or seeking to recover
unpaid rent, or a portion thereof, the mobile home owner may defend upon
the ground of a material noncompliance with any portion of this chapter or
may raise any other defense, whether legal or equitable, which he or she
may have. The defense of material noncompliance may be raised by the mobile
home owner only if 7 days have elapsed after he or she has notified the
park owner in writing of his or her intention not to pay rent, or a portion
thereof, based upon the park owner's noncompliance with portions of this
chapter, specifying in reasonable detail the provisions in default. A
material noncompliance with this chapter by the park owner is a complete
defense to an action for possession based upon nonpayment of rent, or a
portion thereof, 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 lot during the period of
noncompliance with any portion of this chapter. After consideration of all
other relevant issues, the court shall enter appropriate judgment.
(2) In any action by the park owner or a mobile home owner brought under
subsection (1), the mobile home owner shall pay into the registry of the
court that portion of the accrued rent, if any, relating to the claim of
material noncompliance as alleged in the complaint, or as determined by the
court. The court shall notify the mobile home owner of such requirement.
The failure of the mobile home owner to pay the rent, or portion thereof,
into the registry of the court as required herein constitutes an absolute
waiver of the mobile home owner's defenses other 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
owner is in actual danger of loss of the premises or other personal
hardship resulting from the loss of rental income from the premises, the
park owner may apply 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.