Fla. Stat. 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.

Source: Section 723.063 — Defenses to action for rent or possession; procedure, https://www.­flsenate.­gov/Laws/Statutes/2024/0723.­063 (accessed Aug. 7, 2025).

723.001
Short title
723.002
Application of chapter
723.003
Definitions
723.004
Legislative intent
723.005
Regulation by division
723.006
Powers and duties of division
723.007
Annual fees
723.008
Applicability of chapter 212 to fees, penalties, and fines under this chapter
723.009
Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund
723.011
Disclosure prior to rental of a mobile home lot
723.012
Prospectus or offering circular
723.013
Written notification in the absence of a prospectus
723.014
Failure to provide prospectus or offering circular prior to occupancy
723.016
Advertising materials
723.017
Publication of false or misleading information
723.021
Obligation of good faith and fair dealings
723.022
Mobile home park owner’s general obligations
723.023
Mobile home owner’s general obligations
723.024
Compliance by mobile home park owners and mobile home owners
723.025
Park owner’s access to mobile home and mobile home lot
723.027
Persons authorized by park owner to receive notices
723.031
Mobile home lot rental agreements
723.032
Prohibited or unenforceable provisions in mobile home lot rental agreements
723.033
Unreasonable lot rental agreements
723.035
Rules and regulations
723.037
Lot rental increases
723.038
Dispute settlement
723.041
Entrance fees
723.042
Provision of improvements
723.043
Purchase of equipment
723.044
Interference with installation of appliances or interior improvements
723.045
Sale of utilities by park owner or developer
723.046
Capital costs of utility improvements
723.051
Invitees and live-in health care aides
723.0051
Rulemaking authority for implementation of ch. 2024-123
723.054
Right of mobile home owners to peaceably assemble
723.055
Right of mobile home owner to invite public officers, candidates for public office, or representatives of a tenant organization
723.056
Enforcement of right of assembly and right to hear outside speakers
723.058
Restrictions on sale of mobile homes
723.059
Purchaser of a mobile home within a mobile home park
723.061
Eviction
723.062
Removal of mobile home owner
723.063
Defenses to action for rent or possession
723.068
Attorney’s fees
723.071
Sale of mobile home parks
723.072
Affidavit of compliance with statutory requirements
723.073
Conveyance by the association
723.074
Sale of facilities serving a mobile home subdivision
723.075
Homeowners’ associations
723.076
Incorporation
723.077
Articles of incorporation
723.078
Bylaws of homeowners’ associations
723.079
Powers and duties of homeowners’ association
723.081
Notice of application for change in zoning
723.083
Governmental action affecting removal of mobile home owners
723.084
Storage charges on mobile homes
723.085
Rights of lienholder on mobile homes in rental mobile home parks
723.086
Property and lienholder contracts
723.0381
Civil actions
723.0611
Florida Mobile Home Relocation Corporation
723.0612
Change in use
723.0615
Retaliatory conduct
723.0751
Mobile home subdivision homeowners’ association
723.0781
Board member training programs
723.0791
Mobile home cooperative homeowners’ associations
723.0861
Attorney’s fees and costs
723.1255
Alternative resolution of recall, election, and inspection and photocopying of official records disputes
723.06115
Florida Mobile Home Relocation Trust Fund
723.06116
Payments to the Florida Mobile Home Relocation Corporation

Current through Fall 2025

§ 723.063. Defenses to action for rent or possession; procedure's source at flsenate​.gov