723.0615 Retaliatory conduct. - Florida Statutes

723.0615 Retaliatory conduct.

   (1) It is unlawful for a mobile home park owner to discriminatorily increase a home owner’s rent or discriminatorily decrease services to a home owner, or to bring or threaten to bring an action for possession or other civil action, primarily because the park owner is retaliating against the home owner. In order for the home owner to raise the defense of retaliatory conduct, the home owner must have acted in good faith and not for any improper purposes, such as to harass or to cause unnecessary delay or for frivolous purpose or needless increase in the cost of litigation. Examples of conduct for which the park owner may not retaliate include, but are not limited to, situations where:

   (a) The home owner has in good faith complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the mobile home park;

   (b) The home owner has organized, encouraged, or participated in a homeowners’ organization; or

   (c) The home owner has complained to the park owner for failure to comply with s. 723.022.

   (2) Evidence of retaliatory conduct may be raised by the home owner as a defense in any action brought against him or her for possession.

   (3) In any event, this section does not apply if the park owner proves that the eviction is for good cause. Examples of such good cause include, but are not limited to, good faith actions for nonpayment of the lot rental amount, violation of the rental agreement or of park rules, or violation of the terms of this chapter.

History. s. 12, ch. 86-162; s. 926, ch. 97-102.