Atlanta, GA asked in Real Estate Law for Florida

Q: Is it legal, in FL, to require the owner of a mh, parked in a m h park, to require the owner to leave the m h there?

I am trying to sell a mh I own. It is located in a mh park. According to the lot contract, it says it can not be moved. This is preventing the sale. People want to move the mh onto their property. Is this legal in FL?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: No. Florida Statute 723.058 (10 provides that

"No mobile home park owner ... shall make or enforce any rule, regulation, or rental agreement provision which denies or abridges the right of any mobile home owner or owner of a lot in a mobile home subdivision to sell his or her mobile home ...".

The provision saying it cannot be moved would seem to be in conflict with the quoted law, because it would in effect prohibit the owner from selling it to anyone but the park owner.

A: Sorry but this is something we cannot answer in an online forum without reading the contract you signed. You can sign away valuable rights by entering into a contract unless a state law specifically prohibits such a clause in a contract. There is currently not one.

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