Lake City, FL asked in Consumer Law, Land Use & Zoning and Landlord - Tenant for Florida

Q: Do I have any land rights?

I own a mobile home and have been in it for 20 years on the same land. Do not own the land been paying lot rent. Owner sold land and plans to rezone commercial. Served eviction. Do I have any legal options? People have told me about living there for a certain amount of time that I may have land rights. I'm not so sure about it. Thank you.

2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Real Estate Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: No, the people do not know what they are talking about. What they may be trying to reference is "Adverse Possession", you can look this up, but this is not applicable to your circumstances because you have just been a renter, paying rent. If you have a lease or rental agreement, you should look at the terms of that agreement, if there is no rental/lease agreement then you are likely a month-to-month renter/tenant. I would encourage you to start to look for a new place for your mobile home as you are likely to be evicted sooner than later per the eviction filing you have been served with. To get a more precise answer you may want to speak with a local real estate attorney, but I do believe the circumstances are pretty clear based on what you have initially stated.

Terrence H Thorgaard and Bruce Alexander Minnick agree with this answer

1 user found this answer helpful

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Mr. Gunthert has given you very sound advice: You are looking at a very important change in your lifestyle whether you want it or not. You are advised to start looking for another place to park your mobile home immediately.

If it helps you to know, there are many thousands of other people in Florida who also face similar circumstances. That's because the Legislature and most county governments have been on a long-term crusade to get rid of all the "trailer parks" in Florida because of the public safety risks involved (hurricanes, tornadoes, and fires destroy mobile homes too easily).

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