723.061 Eviction; grounds, proceedings.—
(1) A mobile home park owner may evict a mobile home owner, a mobile home tenant, a mobile home occupant, or a mobile home only on one or more of the following grounds:
(a) Nonpayment of the lot rental amount. If a mobile home owner or tenant, whichever is responsible, fails to pay the lot rental amount when due and if the default continues for 5 days after delivery of a written demand by the mobile home park owner for payment of the lot rental amount, the park owner may terminate the tenancy. However, if the mobile home owner or tenant, whichever is responsible, pays the lot rental amount due, including any late charges, court costs, and attorney’s fees, the court may, for good cause, deny the order of eviction, if such nonpayment has not occurred more than twice.
Once she was served with the eviction papers, she has five (5)days to file a response at the clerk’s office. Her response must also be mailed to the Mobile Home Park owner within this period, which does not include weekends, legal holidays, or the day she were served. The five-day period begins from the time the sheriff’s deputy or process server person serves her or posts the notice on her door. Her response, or answer, should list the legal reasons (called “defenses”) she should not be evicted. If the MHP owner claims any rent is due, she must pay this to the Clerk of Court unless her defense is that she already paid her rent. If she does not agree with the amount the MHP owner claims is due, she must ask the judge in writing to decide how much rent should be paid to the clerk (this is called a “motion to determine rent”). This motion also must be filed within the five-day period, and should state a reason why a different amount should be paid to the clerk. Attach any papers she has that support her claim that the rent amount is different. If the MHP owner claims she owes rent, and she does not pay the rent or file the motion, the judge can enter an order and evict her without a hearing. That is why she must file a response to get more time. If she files an answer and pays the rent to the Clerk (or file a motion to determine rent), her case will be scheduled for a hearing . She will be notified in writing of the time and place of the hearing, and she will have an opportunity to present her case. It does not sound like she has much of a case but she should file a motion to determine rent in order to avoid paying the rent to the court and have a good reason for it. Depending on how busy the court docket is, this hearing should be set within a month. She must either pay the rent to the court or file the motion to determine rent or she could be evicted without a hearing so this is very important.
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