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Dehnel v. Paradise R.V. Resort

Citations: 588 So. 2d 668; 1991 Fla. App. LEXIS 11162; 1991 WL 227893Docket: No. 91-517

Court: District Court of Appeal of Florida; November 6, 1991; Florida; State Appellate Court

Narrative Opinion Summary

Under Section 723.002 of the Florida Statutes, the eviction process for tenants renting a mobile home and lot falls under Chapter 83. However, a recreational vehicle, as defined in Section 513.01(5), is not classified as a mobile home. Tenants renting a recreational vehicle and the associated lot in a park, particularly those registered for six months or less, are categorized as "transient guests" per Section 513.01(7). The eviction of such tenants is governed by Section 513.13, not Chapter 83, regardless of their intention to occupy the vehicle as a permanent residence. The decision is affirmed, with concurrence from Judges DAUKSCH, W. SHARP, and COWART.

Legal Issues Addressed

Classification of Recreational Vehicles

Application: A recreational vehicle is not classified as a mobile home according to the legal definitions provided in Florida Statutes.

Reasoning: However, a recreational vehicle, as defined in Section 513.01(5), is not classified as a mobile home.

Eviction Process for Mobile Home Tenants

Application: The eviction process for tenants renting a mobile home and lot is governed by Chapter 83 of the Florida Statutes.

Reasoning: Under Section 723.002 of the Florida Statutes, the eviction process for tenants renting a mobile home and lot falls under Chapter 83.

Eviction Process for Recreational Vehicle Tenants

Application: The eviction of tenants renting a recreational vehicle and lot is governed by Section 513.13, irrespective of their intent to use the vehicle as a permanent residence.

Reasoning: The eviction of such tenants is governed by Section 513.13, not Chapter 83, regardless of their intention to occupy the vehicle as a permanent residence.

Tenant Classification for Recreational Vehicles

Application: Tenants renting a recreational vehicle and lot for six months or less are considered 'transient guests' under Florida law.

Reasoning: Tenants renting a recreational vehicle and the associated lot in a park, particularly those registered for six months or less, are categorized as 'transient guests' per Section 513.01(7).