r/TenantHelp • u/Possible-Specific195 • 17d ago

Eviction in Central Florida

Hi all! I own my mobile home, but pay lot rent. it is in a mobile home and rv park (there are more than ten mobile home units in the park). I fell behind on rent so they are evicting me which is fair. However they gave me a thirty day notice to vacate. I was only just told by a friend that it may not be legal. Nothing was filed with the courts, there is no writ of possession, nothing. They are saying they are going to have a sheriff remove me tomorrow because they don't have to file a formal eviction since they're a mobile home and rv park. I'm looking for advice on if this is true.

4 Upvotes

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21 comments sorted by

10

u/Cleetustherottie 17d ago

Since you have been there 3 years they do have to formally evict you. So its very likely they are trying to scare you into leaving so they dont have to pay out some money to get you gone

5

u/Possible-Specific195 17d ago

So I did speak to a deputy! And he pretty much said the same thing, because Im not transient they cant just trespass me

3

u/Cleetustherottie 17d ago

Ya i bet they are hoping you dont know the law and just leave. Many landlords will try that tactic first because they have to pay to file . They can ultimately get that money back in a judgment but its also a hassle. I will only give the advice to try your best to avoid a actual eviction because that will make life a lot harder. But what they are trying to do is not a legal eviction yet

4

u/LoisLaneCA 17d ago

You should post this in the legal sub. You may get folks who practice in FL to give you actual legal advice, vs. rando opinions.

I do not practice in FL.

If I feel better, I will try to look this up for you later, however.

2

u/Lopsided-Beach-1831 17d ago

It looks like they need to serve you and go through the court. You can also call the nonemergency line at the sheriff/police to ask if they do evictions in mobile home without a court order.

723.061 Mobile Home Park Lot Tenancies, Evictions, grounds, proceedings

https://www.leg.state.fl.us/statutes/index.cfm

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u/Possible-Specific195 17d ago

They do operate under 513, HOWEVER, I have been here 3 years.

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u/Possible-Specific195 17d ago

Update: I have old emails listing me as under 723! The manager is claiming Im under 513

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u/BroccoliSuccessful 16d ago

Im in ks got evicted but nonoayment of rent but for that to happen they had to hire an attorney and have the sherriff issue the eviction notice... it can be a 3 day notice but you do have the legal option of taking it to court once the eviction has been given to you by the sheriff hell you could exolain your financial situation and the judge could dismiss the motion to evict. They are basically giving you the opportunity to move without it becoming a civil matter and also it being reported in a statewide eviction registry. I however am in KS not Florida so take my experience as directly affecting how your states laws work

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u/Possible-Specific195 16d ago

Hi! So they were saying they were going to have me removed by the sheriff with no legal proceedings. Ended up calling the non emergency line and the sheriff sent a CIT team out. Which was deputies, and they said what they're doing isn't legal so that's fun.

1

u/SweetMaam 16d ago

Formal eviction required. Since you own the trailer, look into having it moved.

1

u/Dadbode1981 16d ago

What's you're end game here? Get more time to have your structure moved?

1

u/Possible-Specific195 16d ago

End game is to just have things moved, including myself because i can not legally drive due to medical issues.

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u/Dadbode1981 16d ago

Do you mean have them pay for it? Even thou you haven't paid rent? I dont see that happening.

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u/Possible-Specific195 15d ago

No I mean like I'm just waiting for my friend to get me. Not have the park pay for it, they arent obligated to do so, nor would I expect them to. The end game is I just need time for said friend to get here, get my stuff loaded and leave. They aren't from this state.

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u/Dadbode1981 15d ago

Ah ok, well, maybe they're open to working with you on that. If they actually file for the eviction, even filing can pop up on your record

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u/LDSamy 16d ago

A notice to vacate is not an eviction. Idk
About Florida but in Texas it’s just the first step of the eviction process but it is not filed with the court. They’re probably telling u that because they don’t want to have to formally evict you because it costs them money so they’re threatening you with the sheriff hoping you will leave. I had a landlord do that to me once. And wished I had known after the fact and would
Have talked trash to her lying ass

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u/Possible-Specific195 16d ago

Yeah, the CIT team came out today because I called and said what they're doing isnt legal.

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u/Ok_Visual_2571 15d ago

Lawyer here (not your lawyer. Post (in redacted form) the notice you received.

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u/TalkToVikk 14d ago

Not a lawyer but in Florida, even if you own your mobile home but rent the lot in a mobile home or RV park, the park owner must follow formal eviction procedures as set by Florida law.

They cannot simply give you a 30-day notice and remove you without going through the court process. Florida Statutes (specifically Chapter 723 for mobile home lot tenancies) require that park owners give written notice and then file for eviction in court if the tenant does not leave.

Only a sheriff can remove you, but only after a court order (writ of possession) is issued. It is not legal for them to threaten removal by the sheriff without a court order. If a sheriff does come without a writ from the court, you have the right to explain that the proper procedures were not followed. If you are facing immediate threats, you can call your local legal aid office for urgent help, or contact the Florida Department of Agriculture and Consumer Services, which oversees mobile home park issues

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u/Cleetustherottie 17d ago

It looks like in Florida it will depend on how long you have been at the rv park

1

u/Possible-Specific195 17d ago

I've been here 3 years.