CopyCited 7 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1461
...to actions brought by a landlord for possession of a dwelling. See Section
83.60(1), Florida Statutes. Similar defenses are available to tenants under The Florida Mobile Home Act, Sections
723.001, et seq., Florida Statutes (1985). See specifically section
723.063(1)....
...If, however, the tenant raises any defense other than payment, he is required to pay into the registry of the court the accrued rent, as alleged in the complaint or as determined by the court, and all rent accruing during the pendency of the proceeding, when due. Section
83.60(2). See also section
723.063(2)....
...There is no counterpart under part one of Chapter 83, as there is in part two thereof, or as in Chapter 723, directing the tenant to pay into the registry of the court the accrued rent as alleged in the complaint, and all rent accruing during the pendency of the proceeding, when due. See sections
83.60(2) and
723.063(2)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 13355, 2011 WL 3687460
...Appellant Hollywood Mobile Estates Limited ("Hollywood Mobile") appeals a non-final order denying its motion to require the individual mobile home tenants who are members of Appellee Hollywood Estates Independent Tenants Association ("Hollywood Tenants Association") to deposit rent into the court registry pursuant to section 723.063(2), Florida Statutes (1997)....
...s action defendant, asking the court to declare the subleases valid. An amended counterclaim sought supplemental relief in the form of damages for accrued rent. Hollywood Mobile then moved for rent to be deposited into the court registry pursuant to section 723.063(2)....
...he court that portion of the accrued rent, if any, relating to the claim of material noncompliance. . . ." The trial court denied the motion. Hollywood Mobile argues the trial court erred in failing to apply the unambiguous and mandatory language of section 723.063(2)....
...In that case, the lessees refused to pay impact and construction fees relating to utility connections, so the lessor filed suit for declaratory judgment and judgment for unpaid rent. The lessees asserted material noncompliance with chapter 723 as an affirmative defense. The MLH court held that the requirements of section 723.063(2) were mandatory and applied to the impact and construction fees, as the lease required the lessees to pay these charges....
...As such, the individual mobile homeowner members of Hollywood Tenants Association are the real parties in interest. See Yacht Club Southeastern v. Sunset Harbour N. Condo. Ass'n,
843 So.2d 917, 919 (Fla. 3d DCA 2003). As the real parties in interest, they can be required to comply with the requirements of section
723.063(2) as if they sued Hollywood Mobile individually or jointly in their own names. Because Hollywood Mobile sued for damages for unpaid rent and Hollywood Tenants Association has asserted material noncompliance with chapter 723, the trial court erred when it failed to apply the mandatory requirement of section
723.063(2) for mobile home owners to pay disputed rent into the court registry....
CopyPublished | Florida 2nd District Court of Appeal
...sums during that time.
Naples Estates asserts that the Home Owners waived their
right to assert defenses other than payment, such as waiver and
estoppel, because they failed to deposit the disputed rent from
October 2013 through October 2015. Section 723.063, Florida
Statutes (2015) governs a mobile home owner's defenses to an
action for rent or possession and states, in pertinent part, "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,
5
which he or she may have." See § 723.063(1)....
...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.
§ 723.063(2)....
...brought under subsection (1)," that
the rent deposit requirement did not begin until the eviction action
against the Home Owners had commenced, after which point the
Home Owners did deposit the requisite amount.
However, although not waived by a failure to comply with
section 723.063(2), the Home Owners' waiver and estoppel defense
is unavailing....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 1844, 1993 WL 36266
WARNER, Judge. Appellant challenges the trial court’s order denying its motion for injunctive relief to enforce section 723.063(2), Florida Statutes (1991), requiring a mobile home owner to deposit disputed rent in the registry of the court as a condition precedent to maintaining as a defense material noncompliance with the provisions of Chapter 723 governing mobile home park tenancies....
...The renters answered and asserted as affirmative defenses the material noncompliance of appellant with the provisions of Chapter 723, Florida Statutes, precluding appellant from charging the sums in dispute. Appellant moved for an injunction to enforce section 723.063(2) and to require the defendants to deposit the sums in dispute in the registry of the court, which relief the trial court denied, necessitating this appeal....
...share of any increases in real estate taxes, utility assessments, or any other governmental costs or taxes if such taxes or costs increase during the term of this lease. The TENANT shall receive thirty (30) days written notice of any such increases. Section 723.063(2), Florida Statutes (1991), provides as follows: 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...
...However, “accrued rent” within the meaning of the statute must be taken in its ordinarily understood meaning of “due but not yet paid.” Black’s Law Dictionary, p. 21 (6th Ed., West 1990). Here the additional rent was due within the provisions of the lease but not paid by the tenants. Therefore, the provisions of Section
723.063 apply. Appellees suggest that sections
723.033(1)- and (2), regarding the reasonableness of the rental increase, eliminate their obligation to deposit the rent under section
723.063(2)....
...If the legislature expected that the deposit statute was inapplicable to certain defenses raised under the statute, it certainly did not say so. We are bound by the express language of the statute and are required to construe all of the statutes together. Our construction of section 723.063(2) is consistent with our construction of a similar statutory provision in section 718.-401(4)(a), Florida Statutes, requiring deposit of rent when contesting a suit for accrued rent due under a leasehold....
...past due rent. Thus, the statute, while imposing burdens, likewise affords benefits to both contracting parties. While we make no other judgment on the wisdom of the legislation, we hold that it was appropriately applied in this case. The purpose of section 723.063(2) is the same....
...Therefore, deposit of the full amount of the impact and construction fees may not be required. These are issue which must be addressed by the trial court. We therefore reverse the order of the trial court and remand for a hearing to determine the amount of rent required to be deposited under section' 723.063(2)....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 12564, 20 Fla. L. Weekly Fed. D 75
ALTENBERND, Judge. The defendant, Doral Mobile Home Villas, Inc., appeals a nonfinal order allowing the plaintiff, Doral Home Owners, Inc., a mobile home owners association, to place disputed rent payments into the registry of the court pursuant to section 723.063(2), Florida Statutes (1993)....
...1 Because some of the mobile home owners were apparently withholding a portion of their rental payments equal to the 1994 increase, the association filed a motion, seeking permission to allow payment of the disputed rent into the court’s registry. Without conducting an evidentiary hearing, the trial court concluded that section 723.063 authorized the association to pay the disputed rent into.the registry of the court. The defendant argues that the defenses in section 723.063 apply only in the event of a lawsuit filed by a mobile park owner and are available only to the mobile home owners, not to the association. The relevant portions of section 723.063 state: (1) In any action based upon nonpayment of rent or seeking to recover unpaid rent, ......
...or against its tenants. MLH Property Managers, Inc. v. Cox,
613 So.2d 1358 (Fla. 4th DCA 1993). Even assuming the statute applies to an action filed by the mobile home owners, it does not apply to an action filed by a mobile home owners association. Section
723.063(1) is comparable to an earlier version of the statute regulating condominiums....
...When the Florida Mobile Home Act was created in 1984, the legislature did not choose to include language comparable to the language in chapter 79-166. Whether this was an oversight by the legislature or an affirmative decision to limit the defenses in section 723.063 to tenants at risk of eviction is unclear. The statute, however, is not ambiguous in its failure to mention the association. Accordingly, we follow the reasoning in Century Village and hold that the trial court may not utilize the registry of the court under section 723.063 in an action filed by the mobile home owners association....
