A Florida mobile home park may screen the person who buys a home sited in the park and may refuse to accept that buyer as a tenant. The authority is narrow and procedural. It comes from properly promulgated park rules rather than from Chapter 723 itself, the refusal may not be unreasonable, the decision has to be made before the fifth day preceding closing, and the whole process runs underneath fair housing law and the Fair Credit Reporting Act.
What the approval right actually is
Section 723.059(1) is the operative provision: "The purchaser of a mobile home within a mobile home park may become a tenant of the park if such purchaser would otherwise qualify with the requirements of entry into the park under the park rules and regulations, subject to the approval of the park owner, but such approval may not be unreasonably withheld."
Three things follow. The qualification standard is the park rules, not the park owner's judgment. The park owner holds an approval right on top of the rules. And that right is bounded: it may not be unreasonably withheld, and Chapter 723 defines unreasonable as arbitrary, capricious, or inconsistent with the chapter. § 723.003(20).
Subsection (2) supplies the mechanism: "Properly promulgated rules may provide for the screening of any prospective purchaser to determine whether or not such purchaser is qualified to become a tenant of the park." The phrase "properly promulgated" does real work. A screening standard that is not in the rules, or that was added without the 90-day notice and homeowners' committee meeting required by § 723.037(1) and (4), is not one the park can rely on. Our guide to park rules and enforcement covers how a rule gets there.
The eviction provision confirms the limit from the other direction. Section 723.061(1)(e) permits eviction for failure of a purchaser, prospective tenant or occupant to be qualified as and obtain approval to become a tenant or occupant "if such approval is required by a properly promulgated rule." If the rules do not require approval, there is nothing to withhold and nothing to evict on.
What the approval may be based on
Chapter 723 names exactly one substantive ground. Section 723.061(1)(b) covers conviction of a violation of a federal or state law or local ordinance that is detrimental to the health, safety or welfare of other residents of the park, and then says: "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." That is the statute's own criminal-history ground, and it is narrower than the blanket criminal screens many parks use. It turns on a conviction and on a nexus to the health, safety or welfare of other residents.
Everything else has to come from the rules. A defensible screening rule states its criteria in writing, applies them to every applicant, and keeps each decision traceable to a criterion. Common criteria include ability to pay the lot rental amount, rental and payment history, verified identity, the number of occupants against a stated occupancy standard, and the age qualification in a lawfully operated 55-and-over community.
Two cautions. A criterion that operates as a proxy for a protected characteristic creates exposure even when it is applied evenly. And the reasonableness standard in § 723.059(1) is not a formality: a park that approves an applicant with a 580 credit score in March and denies one with a 640 score in June has created its own evidence of arbitrariness.
The clock, and why delay is the most common mistake
The second sentence of § 723.059(1) sets the deadline: "The purchaser of the mobile home may cancel or rescind the contract for purchase of the mobile home if the purchaser's tenancy has not been approved by the park owner 5 days before the closing of the purchase."
Read that as a park owner's deadline rather than a purchaser's right. If the park has not approved by the fifth day before closing, the buyer may walk away and the seller loses the sale. A park that sits on an application is not preserving optionality. It is producing the same outcome as a denial, without the record that would justify one, and with an unhappy seller who is still a resident.
When approval is denied and the purchaser or occupant has already moved in, § 723.061(1)(e) requires the mobile home owner or mobile home tenant to vacate within 7 days after the notice of failure to be approved is delivered. Notice must be in writing, posted on the premises, and sent by certified or registered mail, return receipt requested, and delivery is deemed given 5 days after the date of postmark. § 723.061(4). See our guide to evictions under Chapter 723.
What an approved purchaser gets
Approval carries statutory consequences the park owner should price in before granting it.
- Assumption of the remaining term. A purchaser who intends to become a resident may assume the remainder of the term of the rental agreement then in effect, and may assume the seller's prospectus, though the park owner may instead offer an approved alternative prospectus. § 723.059(3).
- A controlled rent reset. On expiration of the assumed agreement the park owner may increase the lot rental amount, but only if the increase was disclosed to the purchaser before occupancy and complies with the purchaser's prospectus. § 723.059(4). See our guide to the lot rental increase procedure.
- No assumption of a lifetime lease. Lifetime leases and the renewal provisions in automatically renewable leases, existing or entered into after July 1, 1986, are not assumable unless the rental agreement says otherwise or the transferee is the homeowner's spouse, and a spouse may exercise that right only one time during the term of that lease. § 723.059(5).
One related prohibition catches park owners out. No purchaser may be required, as a condition of tenancy or to obtain approval for tenancy, to enter into, extend or renew a resale agreement, and no discriminatory rent increase may be imposed for refusing one. § 723.058(3), (5). Bundling a listing agreement into the approval paperwork is a statutory violation, not a negotiation.
Guests, additional occupants and renting the home out
Section 723.051 governs who else may be on the lot. An invitee is "a person whose stay at the request of a mobile home owner does not exceed 15 consecutive days or 30 total days per year, unless such person has the permission of the park owner or unless permitted by a properly promulgated rule or regulation." The spouse of a mobile home owner is not an invitee. § 723.051(3). All guests, family members and invitees must abide by properly promulgated rules. § 723.051(2).
Live-in health care aides are treated separately and generously. An invitee of a homeowner, or a live-in health care aide as provided for in the federal Fair Housing Act, must have ingress and egress to and from the homeowner's site without anyone paying additional rent, a fee, or any charge whatsoever, except that the homeowner pays the cost of a background check for the aide if one is required. Any park rule providing for contrary fees is void. The aide has no rights of tenancy. The homeowner must give management the aide's name and the background check information, and is responsible for removing the aide if that becomes necessary and for the costs of removal. § 723.051(1). That language was added by ch. 2024-123, effective July 1, 2024.
Renting the home out is the gap. Chapter 723 does not define "mobile home tenant" and does not directly regulate a homeowner's sublease. What it does is treat the homeowner's tenant as a person who can be required to obtain approval: § 723.061(1)(e) reaches a "purchaser, prospective tenant, or occupant" and permits eviction for failure to be approved where a properly promulgated rule requires it. A park that wants to screen renters needs a rule saying so, adopted the same way as any other rule.
Fair housing sits on top of all of it
Nothing in Chapter 723 displaces the federal Fair Housing Act, 42 U.S.C. §§ 3601 to 3619, or the Florida Fair Housing Act, §§ 760.20 to 760.37, Fla. Stat. Both prohibit discrimination in the sale or rental of a dwelling, and in the terms, conditions or privileges of a sale or rental, on the basis of race, color, religion, sex, national origin, disability and familial status. A mobile home on a rented lot is a dwelling.
Familial status is where parks get into trouble most often, because rules that sound like park management read as exclusion. A ban on children in the pool, a rule assigning families with children to particular sections, and an occupancy limit set low enough to exclude a family with two children are all familiar fact patterns. The Fair Housing Act does not prohibit reasonable restrictions on the maximum number of occupants permitted to occupy a dwelling. 42 U.S.C. § 3607(b)(1). "Reasonable" is the whole argument, and HUD's long-standing two-person-per-bedroom position is informal guidance rather than a safe harbor.
Disability obligations run alongside. Refusal to permit reasonable modifications, and refusal to make reasonable accommodations in rules, policies, practices or services when necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling, are each a form of discrimination. 42 U.S.C. § 3604(f)(3). That is the framework behind the live-in health care aide provision in § 723.051(1) and behind most assistance animal questions in a park that otherwise limits pets.
A 55-and-over park is operating inside an exemption and has to earn it. Under § 760.29(4), Fla. Stat., at least 80 percent of the occupied units must be occupied by at least one person 55 or older, the community must publish and adhere to policies and procedures demonstrating the intent to operate as housing for older persons, and it must comply with HUD's rules at 24 C.F.R. part 100, which require verification of occupancy through reliable surveys and affidavits. The federal exemption is at 42 U.S.C. § 3607(b)(2)(C). Losing it means familial status protection applies in full to every denial made under the age rule. Our fair housing practice reviews these policies before a complaint makes the review mandatory.
If you pull a credit report, the Fair Credit Reporting Act applies
A tenant screening report is a consumer report, and a park owner who orders one is a user of consumer reports under the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 to 1681x. Two obligations matter in this setting.
- Permissible purpose. The report may be obtained only for a purpose the statute permits, which for tenant screening is a legitimate business need in connection with a business transaction initiated by the consumer. 15 U.S.C. § 1681b(a)(3)(F).
- Adverse action notice. If the park denies approval, or conditions it, based in whole or in part on information in a consumer report, the park must give the applicant notice of the adverse action, the name, address and telephone number of the consumer reporting agency that furnished the report, a statement that the agency did not make the decision and cannot explain why it was made, and notice of the applicant's right to obtain a free copy of the report and to dispute its accuracy. 15 U.S.C. § 1681m(a).
Denial based on information from someone other than a consumer reporting agency, such as a prior park owner's reference, carries its own disclosure obligation on the applicant's written request. 15 U.S.C. § 1681m(b). The practical rule for a park office is one screening vendor, one written criteria sheet, and one adverse action letter template, sent every time approval is refused or conditioned on anything the report contributed to.
What an improper denial costs
Chapter 723 does not create a separate damages remedy for a wrongful refusal of approval, which makes the exposure easy to underestimate. The cost arrives from four directions at once.
- Attorney's fees. In a proceeding between private parties to enforce the chapter, the prevailing party is entitled to a reasonable attorney's fee. § 723.068. A separate award is available against a party that fails the obligation of good faith and fair dealing. § 723.021.
- The seller's claim. The homeowner whose sale collapsed is the party with the loss, and § 723.058(1) protects the right to sell the home within the park. An approval practice that functions as a bar on sales is a rule problem as well as a transaction problem.
- Retaliation. A refusal that follows a homeowner's code complaint, participation in a homeowners' organization, or complaint about the park owner's § 723.022 obligations invites a retaliation defense and the associated fee exposure. § 723.0615.
- Fair housing. A HUD or Florida Commission on Human Relations complaint, or a private suit, carries actual damages, injunctive relief, civil penalties and fee shifting, on a timeline the park does not control.
The protective measure is unglamorous. Keep a written criteria sheet that matches the properly promulgated rules, use one application form, decide with room to spare before the fifth day preceding closing, state the reason in writing by reference to a criterion, send the adverse action letter when a consumer report contributed, and keep every file the same length of time whether the applicant was approved or denied. A denial that can be explained from the file is defensible. One that depends on a manager's recollection is not.
Frequently Asked Questions About Resident Approval in a Mobile Home Park
Can a Florida mobile home park refuse to approve a buyer?
Yes, but narrowly. Section 723.059(1) lets a purchaser become a tenant if the purchaser would otherwise qualify under the park rules, subject to the park owner's approval, which may not be unreasonably withheld. The qualification standard has to exist in properly promulgated rules under § 723.059(2), and "unreasonable" means arbitrary, capricious, or inconsistent with Chapter 723. § 723.003(20).
How long does the park have to decide on an application?
The statute does not set a decision deadline, but it sets a consequence. Under § 723.059(1) the purchaser may cancel or rescind the purchase contract if tenancy has not been approved 5 days before closing. In practice that makes the fifth day before closing the park's deadline, and a park that has not decided by then has effectively denied the application.
Can we screen for criminal history?
Chapter 723 names one ground: conviction of a violation of federal or state law or a local ordinance that is detrimental to the health, safety or welfare of other park residents, which § 723.061(1)(b) makes a basis for denying initial tenancy. Broader criminal screens have to come from properly promulgated rules and carry fair housing exposure, so the criteria should be written, narrow, individualized and reviewed by counsel.
How long can a resident have a guest stay?
An invitee is a person whose stay at the homeowner's request does not exceed 15 consecutive days or 30 total days per year, unless the park owner permits more or a properly promulgated rule allows more. § 723.051(3). A spouse is not an invitee. A live-in health care aide enters and leaves without additional rent, fee or any charge, has no tenancy rights, and the homeowner pays for any required background check. § 723.051(1).
Can a homeowner rent out the mobile home?
Chapter 723 does not regulate the sublease directly. It does allow the park to require approval of the homeowner's tenant: § 723.061(1)(e) reaches a purchaser, prospective tenant or occupant and permits eviction for failure to be approved where approval is required by a properly promulgated rule. Without such a rule, the park has no approval right over the homeowner's renter.
What do we have to do to keep our 55-and-over status?
Under § 760.29(4), Fla. Stat., at least 80 percent of occupied units must be occupied by at least one person 55 or older, the community must publish and adhere to policies and procedures showing the intent to operate as housing for older persons, and it must comply with HUD's rules at 24 C.F.R. part 100, including verification of occupancy by reliable surveys and affidavits. The federal exemption is at 42 U.S.C. § 3607(b)(2)(C).
Do we have to send anything when we deny an application?
If a consumer report contributed to the decision, yes. The Fair Credit Reporting Act requires an adverse action notice identifying the consumer reporting agency by name, address and telephone number, stating that the agency did not make the decision, and telling the applicant about the right to a free copy of the report and to dispute it. 15 U.S.C. § 1681m(a). Independently, a written reason tied to a stated criterion is the park's best defense to an unreasonable-withholding claim.
Contact Hamilton Mikes
Hamilton Mikes drafts and reviews screening criteria, application forms and approval procedures for mobile home communities in Lee, Collier and Charlotte Counties, and defends denial decisions when they are challenged. Call 239-594-7227 or visit our Sales, Leases and Occupancy page.
Statutes and authorities referenced
- § 723.003(1), (20), Fla. Stat. (definitions of "discrimination" and "unreasonable")
- § 723.021, Fla. Stat. (good faith and fair dealing; fee award)
- § 723.037(1), (4), Fla. Stat. (90-day notice and homeowners' committee meeting for a rule change)
- § 723.051, Fla. Stat. (invitees and live-in health care aides; 15 consecutive days or 30 days per year)
- § 723.058(1), (3), (5), Fla. Stat. (right to sell in the park; no compelled resale agreement; no discriminatory increase for refusing one)
- § 723.059, Fla. Stat. (purchaser of a mobile home within a park; approval not unreasonably withheld at (1); screening rules at (2); assumption at (3); increase at (4); lifetime leases at (5))
- § 723.061(1)(b), Fla. Stat. (conviction ground; grounds to deny initial tenancy or evict an unapproved occupant)
- § 723.061(1)(e), (4), Fla. Stat. (failure to be approved; 7 days to vacate; written notice, posting and certified mail)
- § 723.0615, Fla. Stat. (retaliatory conduct)
- § 723.068, Fla. Stat. (prevailing party attorney's fees)
- §§ 760.20–760.37, Fla. Stat. (Florida Fair Housing Act; housing for older persons at § 760.29(4))
- 42 U.S.C. §§ 3601–3619 (federal Fair Housing Act; occupancy limits at § 3607(b)(1); housing for older persons at § 3607(b)(2)(C); reasonable accommodation and modification at § 3604(f)(3))
- 24 C.F.R. part 100 (HUD Fair Housing Act regulations, including the housing for older persons verification rules)
- 15 U.S.C. §§ 1681b(a)(3)(F), 1681m(a), 1681m(b) (Fair Credit Reporting Act: permissible purpose and adverse action notices)
- Ch. 2024-123, Laws of Fla. (live-in health care aide amendments to § 723.051, effective July 1, 2024)