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Dehnel v. Paradise R.V. Resort

District Court of Appeal of Florida, Fifth District
Nov 7, 1991
588 So. 2d 668 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-517.

November 7, 1991.

Appeal from the Circuit Court, Osceola County, R. James Stroker, J.

Lester C. Wisotsky, Orlando, for appellants.

No appearance for appellees.


Section 723.002, Florida Statutes, provides that when a mobile home and lot are rented, eviction of the tenant is by proceedings under Chapter 83, Florida Statutes.

A recreational vehicle (§ 513.01(5), Fla. Stat.) is not a mobile home (§§ 513.01(2) and 723.003(3), Fla. Stat.) as to which section 723.002, Florida Statutes, is applicable.

A tenant who rents a recreational vehicle (§ 513.01(5), Fla. Stat.) and the lot it occupies in a recreational vehicle park (§ 513.01(6), Fla. Stat.) and is registered for six months or less (section 513.01(7), Florida Statutes), is a "transient guest", and the eviction of such tenant is governed by section 513.13, Florida Statutes, and not by Chapter 83, Florida Statutes (1989) even if the tenant's stated, subjective intention is to occupy the recreational vehicle as a dwelling or permanent home.

AFFIRMED.

DAUKSCH, W. SHARP, and COWART, JJ., concur.


Summaries of

Dehnel v. Paradise R.V. Resort

District Court of Appeal of Florida, Fifth District
Nov 7, 1991
588 So. 2d 668 (Fla. Dist. Ct. App. 1991)
Case details for

Dehnel v. Paradise R.V. Resort

Case Details

Full title:GARY AND CHEY DEHNEL, APPELLANTS, v. PARADISE R.V. RESORT AND BOB…

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 7, 1991

Citations

588 So. 2d 668 (Fla. Dist. Ct. App. 1991)

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