723.033 Unreasonable lot rental agreements; increases, changes. - Florida Statutes

723.033 Unreasonable lot rental agreements; increases, changes.

   (1) If the court, as a matter of law, finds a mobile home lot rental amount, rent increase, or change, or any provision of the rental agreement, to be unreasonable, the court may:

   (a) Refuse to enforce the lot rental agreement.

   (b) Refuse to enforce the rent increase or change.

   (c) Enforce the remainder of the lot rental agreement without the unreasonable provision.

   (d) Limit the application of the unreasonable provision so as to avoid any unreasonable result.

   (e) Award a refund or a reduction in future rent payments.

   (f) Award such other equitable relief as deemed necessary.

   (2) When it is claimed or appears to the court that a lot rental amount, rent increase, or change, or any provision thereof, may be unreasonable, the parties shall be afforded a reasonable opportunity to present evidence as to its meaning and purpose, the relationship of the parties, and other relevant factors to aid the court in making the determination.

   (3) For the purposes of this section, a lot rental amount that is in excess of market rent shall be considered unreasonable.

   (4) Market rent means that rent which would result from market forces absent an unequal bargaining position between mobile home park owners and mobile home owners.

   (5) In determining market rent, the court may consider rents charged by comparable mobile home parks in its competitive area. To be comparable, a mobile home park must offer similar facilities, services, amenities, and management.

   (6) In determining whether a rent increase or resulting lot rental amount is unreasonable, the court may consider economic or other factors, including, but not limited to, increases or decreases in the consumer price index, published by the Bureau of Labor Statistics of the Department of Labor; increases or decreases in operating costs or taxes; and prior disclosures.

   (7) An arbitrator or mediator under ss. 723.037, 723.038, and 723.0381 shall employ the same standards as set forth in this section.

History. s. 1, ch. 84-80; s. 9, ch. 90-198.