Blog - Atlas Law Tampa

Essential Legal Tools for Mobile Home Park Owners in Florida

Owning a mobile home park in Florida offers a unique opportunity to generate steady, long-term income while providing affordable housing in a state where it’s in high demand. With tenants who are more likely to stay for years, thanks to the cost and effort of moving their homes, your turnover rates are lower, offering more predictable cash flow. Plus, the growing need for budget-friendly living creates expansion opportunities. However, to truly maximize these benefits, you must juggle the specific legal requirements that come with managing a mobile home park.

Legal Compliance is Non-Negotiable

Mobile home park owners operate under Chapter 723 of the Florida Statutes, a complex and unforgiving legal framework. First, park owners must register with the state and renew their licenses every year. The law also holds owners responsible for the park’s infrastructure—roads, utilities, and common areas must meet health and safety standards. If these steps are missed or ignored, the state has the authority to shut down the park.

One of the most significant differences between mobile home parks and other rental properties is rent regulation. Florida law requires that all tenants have written rental agreements and rent increases are heavily scrutinized. To raise rent, you must provide advance notice and be prepared for possible disputes.

Evictions Are Complicated

Evicting tenants from mobile home parks is not the same as dealing with a traditional rental property. In this setting, you often deal with both a tenant and their home—a home they might own. That makes the eviction process more complicated and potentially more expensive. Florida law only allows eviction for specific reasons, such as failure to pay rent, breaking park rules, or neglecting to maintain the mobile home to park standards.

The eviction process requires a minimum 90-day notice, giving tenants ample time to fight back. If a tenant contests the eviction, prepare for a lengthy legal battle. And even if the eviction is successful, you may have to deal with an abandoned mobile home. Removing it from your property involves more legal hoops and costs, including the possibility of having to foot the bill for relocation or demolition.

Enforcing and Amending Community Rules

Mobile home parks are small, tight-knit communities, and keeping the peace hinges on enforcing the rules that govern everything from pets to the appearance of individual lots. But you can’t enforce these rules arbitrarily. Consistency is essential. If you enforce a rule against one tenant but let another slide, you risk being sued for discrimination or breach of contract.

If you want to update or amend your park regulations, you must notify all tenants in advance, and any new rule cannot violate existing tenant rights. Overstepping here can create friction, and tenants may challenge the new rules if they feel their rights are being infringed.

Your Success Is Our Success

Managing a mobile home park comes with high stakes. Legal compliance, eviction processes, and community regulations are critical to your success as a park owner. Protecting your investment means staying ahead of the challenges and seizing this business’s opportunities. Atlas Law has the experience and legal insight to help you avoid costly mistakes and understand the rules governing mobile home park management in Florida. Contact us today at 813.241.8269 to ensure your park thrives.

Code Enforcement and Your Property

Owning property is a great investment, but it does require some upkeep to maintain its value and legally protect yourself. Too many property owners fall into the trap of thinking that once tenants are in place, their job is done. That mindset can cost you big time. Local code enforcement in Florida is aggressive, and if your property isn’t up to standard, you could be facing steep fines or, worse, legal action. The best way to avoid that nightmare? Stay on top of your property and ensure compliance with every regulation your municipality throws at you.

Code enforcement is a full-scale operation to keep properties safe and in line with local standards. Here’s what every property owner needs to know to keep the code enforcement officer off their doorstep.

Key Areas of Property Code Enforcement in Florida

Property Maintenance and Appearance – Florida demands that properties be kept in good condition—no exceptions. This includes lawn care, removing debris, and preventing unsightly deterioration. Mold on the walls? Overgrown grass? You’ll be on their radar, and they won’t hesitate to fine you.
Building Permits and Zoning – Thinking about adding a deck or expanding your rental property? Don’t even think about picking up that hammer without getting the proper permits. Unauthorized work is a fast track to massive fines and, in many cases, an order to undo the work altogether.
Health and Safety Standards- You’re responsible for ensuring your property is safe for tenants. This includes working smoke detectors, solid electrical wiring, and compliance with fire safety codes.
Occupancy Limits – Every municipality has its own rules about how many people can live in a unit. Exceed that limit, and you’re in violation. Even if you didn’t directly authorize the overcrowding, as the property owner, you’ll be the one facing penalties.

How to Manage Properties in Compliance with Local Codes

Conduct Regular Property Inspections – Don’t wait until there’s a problem. Regular inspections will help you stay ahead of potential violations. Check for broken windows, peeling paint, or unpermitted modifications before a code enforcement officer shows up at your door.
Promptly Address Tenant Complaints – If a tenant reports an issue—whether it’s a leaking pipe or a malfunctioning smoke detector—act fast. Delayed action can lead to bigger problems, including fines and legal trouble. Don’t give your tenants a reason to call code enforcement themselves.
Stay on Top of Permits and Inspections – Anytime you plan to repair or renovate, check if a permit is required. If you skip the permitting process, you could face fines and possibly have to undo the work. The headache of filing for a permit is far better than the financial hit of being caught without one.

Take Action Before It’s Too Late

Code enforcement violations are not something you can afford to ignore. Whether it’s a mold problem or unauthorized construction, if you receive a violation notice, act immediately. In many cases, you’ll be given a grace period to correct the issue before fines start piling up. Don’t drag your feet. Atlas Law is committed to defending property owners from the costly consequences of code enforcement violations. Call us at 813.241.8269 to protect your investment and fight back against unfair penalties.

Best Practices for Managing Security Deposits in Florida

Handling security deposits is a task every Florida landlord must get used to. Doing it right makes a big difference in maintaining good relationships with tenants and the profitability of your rental properties. The goal is to manage security deposits fairly and according to the law, which helps keep things smooth for landlords and tenants. Here are some straightforward tips on managing security deposits in a way that’s effective and in line with legal requirements.

Security Deposit Laws

First, it’s important to get familiar with Florida’s laws around security deposits. While the state doesn’t set a maximum limit on how much you can charge, choosing an amount that’s reasonable for your property and market is smart. This approach makes attracting tenants easier and helps avoid potential disputes.

Once you’ve collected the deposit, Florida law requires that it be kept in a separate account. Whether this account earns interest or not is up to you, but you must inform the tenant in writing within 30 days about where their deposit is being held. This level of transparency helps to build trust and sets a positive tone for the landlord-tenant relationship.

Making Lawful Deductions from Security Deposits

When assessing any deductions from the security deposit, Florida law permits deductions for things like unpaid rent, damages that go beyond normal wear and tear, and other specific costs. The lease should mention these specifics, such as cleaning fees or unpaid utility bills. Clearly defining what counts as “normal wear and tear” can help prevent disagreements later on.

Thorough documentation is key to ensuring everything is above board. Before a tenant moves in, do a detailed inspection of the property and document its condition with photos and notes. Repeat this process when the tenant moves out. Having this evidence is very helpful in case there’s a dispute if you need to make deductions.

Returning the Security Deposit

Returning the security deposit on time is just as important as how it’s handled during the tenancy. Florida law is clear: if there are no deductions, the deposit must be returned within 15 days after the tenant moves out. If deductions are necessary, you have 30 days to notify the tenant in writing. This notice should include a detailed list of the deductions and the reasons for them.

Tenants have 15 days to object to these deductions in writing. That’s why it’s so important to keep clear records of any damages or unpaid amounts—having this documentation on hand makes it easier to resolve any issues that might come up. Handling this part of the process with care shows tenants that you’re committed to fairness.

Tips for Landlords

To keep everything running smoothly, a few simple practices can go a long way. First, make sure your lease agreement is clear about the conditions under which deductions can be made. This helps set expectations from the start and reduces the chances of misunderstandings later.

Regular property inspections are also important. By checking in on the property and documenting its condition, you can address any issues before they become bigger problems. Keep your tenants in the loop about these inspections and any concerns you might have—it helps build a cooperative relationship.

Finally, communication is key. From the beginning of the lease to the return of the deposit, keeping tenants informed about what’s expected and any potential issues can greatly reduce the likelihood of disputes.

If you’re a landlord in Florida and need guidance on managing security deposits or dealing with a dispute, Atlas Law is here to support you. Contact us today at 813.241.8269 to discuss your situation.

Strategic Approaches to Eviction for Multi-Family Properties

Eviction is a word that evokes strong reactions. It’s often seen as a final resort in the landlord-tenant relationship. For landlords of multi-family properties, the act of eviction is not just about reclaiming a property but is a delicate process that must be handled with precision and care. The goal is to ensure that every step is legally sound and ethically grounded for minimal legal friction.

Legal Grounds for Eviction

All landlords must be thoroughly familiar with the legal grounds for eviction. In Florida, these include non-payment of rent, violation of lease terms, significant property damage, and the expiration of the lease term. Each of these scenarios requires a specific approach and proper legal documentation. For instance, non-payment of rent necessitates a three-day notice to the tenant to either pay or vacate, excluding weekends and legal holidays. Similarly, any violation of lease terms, depending on their nature, may allow a tenant seven days to rectify the issue or vacate the premises if the violation cannot be corrected.

Initial Steps in the Eviction Process

The process begins with delivering a written notice that clearly communicates the cause of eviction and the actions required by the tenant. Should the tenant fail to comply, the next step is filing an eviction suit, formally known as an “unlawful detainer suit,” in the county court. This filing must detail the eviction reasons and the preliminary steps undertaken, including the notices served. Court proceedings follow where both parties present their case. A judgment in favor of the landlord results in a writ of possession, commanding the tenant to vacate within a typically short time frame.

Legal and Ethical Considerations

The lease agreements must be clear and comprehensive. These documents should cover all possible scenarios and clearly define the terms and conditions of tenancy and eviction. This legal groundwork prevents misunderstandings and provides a strong basis should court proceedings become necessary.

Documentation is the key to success in most legal scenarios. Maintaining an accurate record of all interactions, notices, and payments with tenants is paramount. These documents are vital in legal proceedings and help in managing the tenant relationship professionally and transparently.

Avoiding Common Errors

Evicting a tenant should never be a retaliatory action. For example, a tenant reporting safety violations should not face eviction for their complaints. Such actions not only result in legal complications but can also damage the landlord’s reputation significantly. Being prepared to address tenant defenses effectively, such as proof of rent payment or disputing the validity of eviction notices, is also key. A landlord’s case against the tenant must be backed by solid evidence and transparent procedures.

Ethical Practices in Eviction

Open lines of communication can sometimes avert the need for eviction. Addressing tenant concerns and discussing potential lease violations directly can lead to amicable solutions without resorting to legal action. Adhering to legal standards minimizes liability and respects the rights and dignity of the tenants involved. This includes adhering strictly to the eviction notices and timelines stipulated by law.

Eviction is undoubtedly challenging, but by focusing on legal and ethical practices, landlords can manage their properties effectively while maintaining respectful and lawful relationships with their tenants. If you need guidance on better handling evictions and detailed advice tailored to your situation, consider contacting Atlas Law at 813.241.8269 for professional guidance.

Real Estate Investment Trusts for Property Management

Investing in Real Estate Investment Trusts (REITs) offers a promising avenue for building wealth through real estate without the complexities of direct property ownership. In Florida’s vibrant property market, REITs not only provide opportunities for robust returns but also require careful navigation through a detailed regulatory and legal framework. Whether you’re an investor, a financial advisor, or a property management professional, understanding the legal scaffolding that supports REIT operations is crucial. From federal to state regulations, the operation of REITs are governed by laws that ensure transparency, efficiency, and fairness in real estate management.

Regulatory Compliance

Federal and State Regulations: REITs are subject to dual oversight – federal and state. Federally, they must comply with the SEC and adhere to the Internal Revenue Code, which mandates that 90% of taxable income must be returned to shareholders and at least 75% of assets must be real estate-focused. In Florida, additional layers include compliance with state securities laws and real estate regulations. The Department of Business and Professional Regulation (DBPR) plays a crucial role in overseeing these entities, ensuring that property managers are properly licensed and adhere to the state’s rigorous standards.

Florida Landlord-Tenant Law: This specific set of laws is crucial for REITs managing residential properties. It outlines essential responsibilities such as handling security deposits, setting lease requirements, and executing eviction procedures. Adhering to these rules not only ensures legal compliance but also aids in maintaining good relations with tenants.

Tenant Relations

Effective Leasing: The foundation of tenant relations lies in clear, compliant leasing agreements. These documents must align with Florida’s real estate laws and should cover all necessary terms including rent, lease duration, and maintenance obligations. A well-drafted lease minimizes the potential for disputes by setting clear expectations.

Handling Disputes and Evictions: Disputes are inevitable in property management, but the manner in which they are handled can distinguish a well-operated REIT. Florida’s laws dictate that evictions must be processed legally, requiring proper notices and the avoidance of self-help measures. Furthermore, compliance with the Fair Housing Act and Florida’s equivalent ensures that discrimination claims are minimized, as these laws prohibit unequal treatment based on race, color, religion, and other protected classes.

Risk Management

To effectively manage properties and mitigate risks, REITs must conduct regular audits and compliance checks. This proactive approach not only ensures adherence to laws but also keeps the trust updated on any legal changes that might affect operations. Staying informed and compliant are key to avoiding fines and legal challenges..

Investing in REITs can be a beneficial way to diversify a portfolio beyond traditional equities and bonds, while also potentially providing competitive dividend yields and the possibility for capital appreciation. However, like all investments, REITs also carry certain risks, including dependence on the economy, the real estate market’s volatility, and interest rate sensitivity.

For those seeking legal guidance regarding real estate investment, Atlas Law offers comprehensive support to help you manage legal obligations successfully. To learn more about how we can assist your operations, contact us at 813.241.8269.

Best Practices for Maximizing ROI for Multi-Family Properties

Investing in multi-family properties is a proven strategy to generate significant returns. However, achieving optimal profitability requires more than just financial acumen. To achieve the highest possible return on investment (ROI), investors need to find innovative ways to utilize legal strategies that streamline operations, reduce risks, and enhance tenant relations.

Optimizing Lease Agreements

The lease agreement is the fundamental legal framework that defines the relationship between the landlord and the tenants. An effectively drafted lease covers all aspects crucial to property management, ensuring clarity and compliance. Key elements to include in a lease are:

Clear rental terms: Specify exact payment amounts, due dates, and penalties for late payments to prevent misunderstandings that could impact cash flow.
Usage policies: Clearly outline what is permissible on the property regarding pets, subletting, and other use parameters to prevent misuse and mitigate potential damages.
Maintenance responsibilities: Define who is responsible for both routine and emergency repairs. This clarity can help avoid disputes and unforeseen expenditures.
Lease duration and renewal: Establish lease terms, renewal conditions, and termination processes that help manage tenant turnover effectively.

Ensuring your lease agreements are detailed and tailored to your property’s needs will significantly reduce future disputes and streamline management. Airtight lease agreements enhance the property’s profitability and provide a solid foundation for your landlord-tenant relationship, fostering a positive and harmonious living environment.

Minimizing Legal Risks Through Effective Tenant Screening

It’s a given that proper tenant screening is critical for reducing the risks inherent in property management. A comprehensive screening process ensures that only reliable and responsible tenants occupy your property. Essential steps in an effective tenant screening include:

Credit checks: Evaluate a potential tenant’s financial behavior and stability.
Background checks: Assess for any criminal history and previous evictions, which might indicate potential risks.
Employment verification: Confirm that the tenant has a stable job and sufficient income to afford the rent.
References: Contact prior landlords to discuss the tenant’s past lease adherence and conduct.

Implementing a rigorous tenant screening process is not just a formality; it’s a crucial step in risk reduction. It significantly reduces the chances of rent defaults and evictions, maintains property value, and ensures a harmonious living environment for all tenants. In other words, it’s a key strategy for maximizing your property’s profitability.

Strategies to Reduce Vacancies and Enhance Tenant Retention

Maintaining low vacancy rates and minimizing tenant turnover are essential for sustaining profitability. One of the best strategies is to keep the property occupied by preferred tenants for as long as possible. Offer benefits for tenants agreeing to longer lease terms, stabilizing occupancy rates. Also, lease renewal policies should be developed in a way that incentivize tenants to renew, decreasing turnover and the costs linked to acquiring new tenants.

First and foremost, regular maintenance and effective dispute resolution are vital to accomplishing this. Scheduled upkeep prevents major repairs and keeps tenants satisfied, while clear procedures for resolving disputes minimize potential legal costs and maintain a positive community environment.

Staying Compliant with Regulations

Staying informed of and compliant with all relevant housing regulations, zoning laws, environmental standards, and safety codes is a legal requirement and a crucial aspect of property management. Regular legal consultations help ensure that property management practices adhere to current laws, which in turn protects against fines and legal issues that might negatively impact ROI. This commitment to compliance reassures landlords and instills confidence in their investment strategy.

If you are a multi-family property owner seeking to optimize your investment, Atlas Law can provide the necessary legal guidance and support. Contact us at 813.241.8269 today to schedule a consultation and learn how we can help you enhance your property’s profitability.

Subleasing and Assignment as Tools for Commercial Real Estate Success

Commercial real estate markets are constantly fluctuating. Property owners need to get creative in order to keep their tenants happy and their spaces leased. Considering the legal implications of subleasing and assignment in commercial leases is more than a legal necessity—it’s about fostering enduring business relationships and ensuring the stability and growth of enterprises. These options are not merely contractual mechanisms but lifelines that can significantly impact the journey of a business, particularly in times of change or uncertainty. They offer a pathway for tenants to adapt to evolving market demands, financial shifts, or strategic repositioning, ensuring they can maintain their operations and commitments without compromising on their lease agreements.

For landlords, the process goes beyond mere transactional interactions; it’s about building trust and sustaining a viable tenant base, which is crucial for the long-term success of their real estate investments. Understanding and facilitating subleasing and assignment processes demonstrate a commitment to the mutual success of both landlords and tenants. It is essential in creating a flexible, responsive real estate environment where businesses can thrive even in the face of unforeseen challenges.

Understanding Subleasing and Assignment

Subleasing happens when a tenant, known as the sublessor, rents out the leased property to another party, called the sublessee. The original lease stays active, and the sublessor remains responsible for its obligations. Assignment occurs when the tenant, or assignor, transfers all lease interests to another party, the assignee, effectively stepping out of the lease agreement and its responsibilities.

These options offer tenants needed adaptability, especially in changing business climates, but they must be managed carefully to protect the interests of all parties, including the landlord. Both processes typically require the landlord’s consent, as outlined in the lease agreement, ensuring that new tenants meet the landlord’s standards and that the lease terms continue to be upheld.

Legal Considerations and Processes

Lease agreements usually detail the conditions under which subleasing or assignment can occur, often necessitating landlord approval. Landlords must assess the incoming tenant’s financial reliability and business standing to ensure they can fulfill the lease’s terms. The original tenant may still hold certain responsibilities, particularly in subleasing arrangements, including ongoing rent payments and property care.

Landlords need to consider how these arrangements affect property value and marketability, ensuring the new tenant complements the property’s existing tenant mix. Changes made by sublessees or assignees to the property must adhere to the original lease terms and relevant legal standards.

To manage subleasing and assignment effectively, landlords should establish clear policies within their lease documents, conduct thorough due diligence on potential new tenants, and amend leases as necessary to reflect new arrangements. This proactive approach helps maintain property value, ensures legal compliance, and supports positive landlord-tenant relationships.

Subleasing and assignment are integral parts of commercial leasing, requiring careful legal and procedural management. Landlords and tenants need to understand their rights and obligations to ensure these arrangements benefit all parties and support the ongoing success of their property management efforts. If you require guidance or assistance with commercial lease subleasing or assignment, Atlas Law is here to help. Schedule a consultation with us today to ensure your lease arrangements are managed effectively and in compliance with legal requirements.

Chapter 83 for Landlords of Multi-Family Homes

If you’re considering investing in a multi-family rental property, you must become familiar with Chapter 83 of the Florida Statutes. It’s a critical piece of legislation for anyone managing rental properties, particularly those overseeing multi-family units. This section of law spells out the rules around residential tenancies, covering everything from lease agreements to evictions. For landlords and property managers, understanding these regulations is not just beneficial—it’s necessary for running a smooth operation and ensuring the rights of both parties are respected.

Lease Agreements: The Foundation of Tenancy

At the heart of any landlord-tenant relationship is the lease agreement. This document outlines the terms under which the tenant will occupy the property. For those managing multi-family properties, such agreements come with their own considerations. They must clearly define how common areas can be used, what the noise policies are, and who is responsible for maintenance. This clarity is vital. It helps prevent misunderstandings and gives both parties a clear legal reference point should disputes arise. Ensuring these agreements are comprehensive and clear is the first step in effective property management.

Security Deposits: Protecting Property and Rights

Security deposits are another key area governed by Chapter 83. These funds are collected to cover potential damages or unpaid rent, providing a financial safety net for landlords. The law sets out strict guidelines for how these deposits should be handled, including informing tenants where their deposit is being held and documenting the property’s condition both at move-in and move-out. This is particularly important in multi-family settings, where the high turnover and shared living spaces can lead to disputes over these deposits. Following these procedures not only protects the landlord’s property but also upholds the tenant’s rights.

The Eviction Process: Legal Steps for Resolution

Eviction is a last resort measure when tenants breach their lease terms. Chapter 83 outlines the necessary steps and documentation for carrying out a legal eviction. The eviction process can be more complex for multi-family properties due to the close living conditions and tenant interactions. Landlords must follow the legal process meticulously, ensuring any eviction is carried out fairly and lawfully. This careful approach helps minimize legal risks and maintain a positive environment for the remaining tenants.

Distinctions for Multi-Family Properties

Managing multi-family properties requires a tailored approach to meet these settings’ specific legal and operational challenges. The close quarters can amplify issues like noise complaints or misuse of common areas, necessitating proactive management and clear communication. Understanding the legal requirements specific to multi-family units under Chapter 83 is crucial. It enables landlords to address these challenges effectively, ensuring they meet their legal obligations while maintaining a harmonious living environment.

Your Partner in Protecting Your Property

Adhering to the legal framework and implementing best practices in tenant management enables landlords to safeguard their investments. Ensuring the well-being of their tenants and maintaining peaceful, thriving communities is the key to profitability. Accomplishing this requires the support of a knowledgeable legal team. Atlas Law is dedicated to guiding landlords and property managers through important regulations. If you want to understand your rights and responsibilities under Florida law, schedule a consultation with us today. Let us help you manage your multi-family property with confidence.

6 Things to Know About Purchasing Property with “Sitting Tenants”

In Florida, purchasing a property that already houses tenants, known as a “tenanted property,” is a unique investment opportunity with its own set of rules and responsibilities. This situation arises when an investor or homeowner buys a property where lease agreements are already in place, meaning that the tenants have the right to continue living in the property under the terms of their existing leases.

For the new property owner, this means stepping into the role of the landlord with obligations and rights that are governed by Florida’s specific landlord-tenant laws. Understanding the laws, including how lease agreements are transferred, handling security deposits, respecting tenant rights, and eviction, is crucial for anyone considering such an investment. This type of purchase can offer immediate rental income and save on the costs of finding new tenants, but it requires a thorough understanding of your legal responsibilities as a landlord. Here are some things to consider:

Lease Agreements Carry Over: The existing lease agreements with tenants are binding upon the new owner. This means that all terms, including rent amount, deposit details, lease duration, and any other conditions agreed upon by the previous landlord and the tenants, remain in effect until the lease expires.
Security Deposits: Florida law requires that any security deposits held by the previous owner must be transferred to the new owner. The new landlord is then responsible for holding these deposits according to Florida statutes, which include placing the deposit in a Florida banking institution, posting a surety bond for the amount of the deposit, or insuring the deposit with a Florida insurance company.
Tenant Rights: Tenants in Florida have rights protected under state law, including the right to a habitable living environment, the right to privacy, and protection against retaliatory eviction. As the new property owner, you must respect these rights and follow proper legal procedures for any property access, maintenance, or eviction processes.
Notice of Ownership Change: While not specifically mandated by Florida law, it’s considered good practice to notify tenants of the change in ownership. This notification should include information on where to send rent payments and who will manage the property moving forward, along with any relevant contact information.
Eviction Rules: If you plan to make changes to the tenancy post-purchase, such as not renewing a lease or evicting a tenant for cause, you must adhere to Florida’s eviction laws. This includes providing proper notice as required by the lease and state law and following the judicial process for eviction if the tenant does not comply.
Local Regulations: Some Florida municipalities have additional ordinances affecting rental properties, such as rental license requirements, inspections, or specific tenant protections. It’s important to familiarize yourself with any local regulations that apply to your newly acquired property.

Investing Carefully

Purchasing a property with sitting tenants in Florida can be a valuable investment, especially if the property generates steady rental income. However, it’s crucial to understand your responsibilities as a landlord under Florida law to ensure a smooth transition and maintain a positive relationship with your tenants. Consulting with a legal professional experienced in Florida real estate and landlord-tenant law can provide valuable guidance and help protect your investment.

At Atlas Law, we help property owners just like you through the ups and downs of owning investment property and landlord-tenant laws. We’re passionate about ensuring your rights and investments are protected. Contact us today to schedule a consultation by calling 813.241.8269 and make sure your tenanted property venture is legally sound and financially rewarding.

The Best Way to Deal with Abandoned Mobile Homes

In the mobile home park industry, one of the most challenging aspects for owners is handling abandoned mobile homes. The presence of these unoccupied and neglected units not only mars the visual appeal and orderly environment of the park but also ushers in a multitude of legal obligations for the owners.

Chapter 715 of the Florida Statutes outlines specific procedures for managing such properties. For park owners, meticulous compliance with these statutory guidelines is not just a matter of legal formality; it is an essential practice to safeguard themselves from potential legal entanglements and to maintain the integrity and operational smoothness of their mobile home parks.

Understanding the Legal Framework for Abandoned Mobile Homes

Florida law defines an abandoned mobile home as one left unoccupied by a tenant who has no intention of returning, leaving personal property behind. In these cases, park owners must follow legal steps to manage these homes appropriately. These steps are designed to protect the rights of tenants and park owners and to ensure the orderly management of the park.

Notification Process for Abandoned Mobile Homes

The initial step in this process involves notifying the tenant or any potential owner of the abandoned property. This notification must be in writing and sent via first-class mail to the tenant’s last known address. It should inform the recipient where the property is being stored, the costs for storage, how the property can be claimed, and a deadline for claiming the property (at least 10-15 days). The notice must also detail how the property will be disposed of if it remains unclaimed.

Auctioning High-Value Properties

If unclaimed and valued over $500.00, park owners can auction these properties. This auction requires public notice in a local newspaper, including the former tenant’s name, a description of the property, and the time and place of the sale. Park owners can bid in these auctions. The proceeds, after deducting costs for storage, advertising, and sale, can be claimed by the tenant or property owner within a specified period before being deposited into the county registry.

Dealing with Low-Value Properties

For properties worth less than $500.00, park owners have more discretion. They can retain or dispose of these properties as they see fit, provided they have made reasonable efforts to return them to the tenant. Please note that only in very rare circumstances will a Court agree that a manufactured home is worth less than $500.00. Valuation at less than $500.00 only occurs where there has been material damage to the unit, such as a fire or significant hurricane damage.

Exceptions to Standard Procedures

There are two exceptions under Florida law. Firstly, if the lease agreement includes a specific clause as per Florida Statute §83.67, the landlord is not required to provide notice or storage for the tenant’s personal property after surrender, abandonment, or recovery of possession. Secondly, under Florida Statute §83.62, after the sheriff executes a writ of possession, the landlord can move the tenant’s property to the property line. However, this may involve costs and challenges, particularly in multifamily or restricted communities. Moreover, these statutes only govern Chapter 83 tenancies where the tenant does NOT own the mobile home. In most circumstances facing our mobile home community owners, the tenant owns the mobile home and Chapter 723 applies – thereby negating the provisions of Chapter 83 cited above.

Seeking Professional Guidance

Managing abandoned mobile homes in Florida requires a careful balance between legal obligations and practical considerations. Park owners must diligently adhere to statutory procedures to handle these properties lawfully and efficiently while minimizing liability risks. Understanding and following these laws are crucial for the successful management of a mobile home park.

For mobile home park owners grappling with the complexities of managing abandoned properties, professional legal advice is crucial. Atlas Law offers experienced counsel to ensure compliance with Florida law and to protect the interests of your mobile home park. Schedule a consultation with us to navigate these legal challenges effectively.