What notice and waiting period are required before disposing of an abandoned mobile home? - Florida
The Short Answer
In Florida, the notice and waiting period depend heavily on who is trying to dispose of the mobile home (a mobile home park owner, a towing/storage company, or a landlord dealing with abandoned personal property). In many abandoned-mobile-home situations involving removal/storage, Florida law requires certified-mail notice to the titled owner and lienholders and a waiting period before a sale—often tied to a 35-day timeline—before the home can be sold.
What Florida Law Says
Florida treats a mobile home differently than ordinary household items because it is typically titled and may have recorded lienholders. As a result, the law focuses on (1) notifying the registered owner and lienholders of record, and (2) providing a defined waiting period before the home can be sold at public auction to satisfy lawful charges (such as towing/storage and, in some cases, unpaid lot rental amounts).
The Statute
The primary law governing notice and timing for sale of a stored/removed mobile home in many “abandoned” scenarios is Fla. Stat. § 713.785.
This statute generally requires that a lien-claiming mobile home transport/storage company provide certified-mail notice to the registered owner and recorded lienholders within 7 business days after the date of storage, and it authorizes a sale (subject to statutory notice requirements) when the home remains unclaimed/unpaid—commonly after a 35-day period described in the statute.
Depending on the facts, other Florida statutes can also affect timing and notice, including the mobile home park eviction/writ-of-possession process under Fla. Stat. § 723.062 (including that a writ of possession generally may not issue earlier than 10 days from the date judgment is granted) and landlord rules for abandoned personal property sales under Fla. Stat. § 715.109 (public sale advertising requirements and timing).
If the mobile home is tied to a mobile home park and there is a recorded lender, lienholder protections and storage-charge notice rules can also come into play under Fla. Stat. § 723.084.
Why You Should Speak with an Attorney
While the statutes provide the general framework, applying them to your situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: For example, Fla. Stat. § 713.785 includes a 7-business-day certified-mail notice requirement and sale-timing rules that can be easy to miscalculate.
- Burden of Proof: You may need to prove you gave notice to the correct parties (titled owner and all lienholders of record) and that your notice content met statutory requirements.
- Exceptions and Competing Rights: Mobile homes can involve eviction orders, park rules, recorded liens, and probate/estate issues. If the owner is deceased, the “abandoned” label may be disputed, and disposing of the home incorrectly can trigger liability.
Because a mobile home is often a titled asset with lienholders, a mistake in notice or timing can lead to a challenge to the sale, financial exposure, or even criminal penalties in certain noncompliance situations under the statute. A Florida attorney can quickly identify which legal pathway applies and help reduce risk.
If your situation involves a deceased owner, you may also want to read: transferring a deceased owner’s mobile home title through probate in Florida and what happens when no one has taken ownership after a death.
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.