Fla. Stat. § 723.001 et seq. § 723.063
Defenses to action for rent or possession; procedure.
Operative Text
(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.
Florida Statute § 723.063 establishes a procedure for mobile home owners to raise a park owner's failure to comply with Chapter 723 as a defense in eviction or unpaid-rent actions. Before using this defense, the mobile home owner must give the park owner at least seven days' written notice identifying the specific violations and stating the intent to withhold rent. If the defense is raised, a court or jury may reduce the rent to reflect any loss in value caused by the noncompliance, and disputed rent amounts must be deposited into the court registry during the proceeding.
Plain English — not legal advice.
Under § 723.063, park owners and managers should be aware that a mobile home owner who provides proper written notice of alleged Chapter 723 violations may withhold rent and raise those violations as a complete defense to an eviction action. Compliant park operators generally maintain records of their own adherence to Chapter 723 requirements so they can respond effectively if a written notice of noncompliance is received. If a mobile home owner fails to deposit the disputed rent into the court registry as required by § 723.063(2), the court may enter an immediate default in the park owner's favor.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 723.063 gives mobile home owners the right to defend against eviction or rent-collection actions by asserting that the park owner has materially failed to comply with Chapter 723. To preserve this defense, a mobile home owner must send written notice to the park owner at least seven days before withholding rent, describing the specific provisions the park owner has allegedly violated. Mobile home owners who wish to explore this defense should be aware that § 723.063(2) requires depositing disputed rent into the court registry or risk losing all defenses except proof of payment; tenant-rights organizations and legal aid offices can help explain what this process generally involves.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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