Are all leases assumable when selling in a Florida park?

No. Section 723.059 provides that lifetime leases and the renewal provisions in automatically renewable leases are not assumable unless the rental agreement says otherwise or the buyer is the home owner's spouse. The lease type matters.

Does the park have to approve the buyer?

Generally yes for a buyer who will live in the park. Under §723.061, failure of a purchaser to be qualified and approved as a tenant is a listed ground for eviction, so buyer approval is part of the process. This is general information, not advice about a specific sale.

Selling a mobile home in Florida

Q: Can a Florida buyer take over the seller's lot lease?

Florida Statutes §723.059 gives a purchaser who intends to live in the park 'the right to assume the remainder of the term of any rental agreement then in effect' between the park owner and the seller. So in many cases the buyer steps into the existing lease term.

In Florida, a mobile home owner often sells the home in place — the buyer keeps it on the same lot and takes over the tenancy. Chapter 723, the Florida Mobile Home Act, shapes how that works, especially the buyer's ability to assume the existing lease and the park's role in approving the buyer. This is a general explanation; for a specific sale, consider consulting a licensed attorney in Florida.

What the statute says

Florida Statutes §723.059, "Purchaser of a mobile home within a mobile home park," addresses the buyer's lease rights:

The purchaser of a mobile home who intends to become a resident of the mobile home park in accordance with this section has the right to assume the remainder of the term of any rental agreement then in effect between the mobile home park owner and the seller.

The same section limits which leases carry over: lifetime leases and the renewal provisions in automatically renewable leases "are not assumable unless otherwise provided in the mobile home lot rental agreement or unless the transferee is the home owner's spouse."

Approval is governed through the eviction grounds. Section 723.061 lists, as one ground, the failure of a purchaser or prospective tenant to be qualified and approved as a tenant.

How it works in general

For a sale in place, the buyer's right under §723.059 to assume the remainder of the lease term means the tenancy usually continues on its existing terms — with the important caveat that lifetime and auto-renewing lease features may not pass to a buyer who is not a spouse. Because §723.061 ties tenant approval to the eviction grounds, a buyer who will live in the park ordinarily goes through the park's approval process. The statute focuses on the tenancy; the sale of the home itself runs on separate title and financing rules.

Common scenarios

General examples sellers in Florida parks commonly encounter:

A seller has years left on a standard lease. The buyer's §723.059 right to assume the remainder of the term is what carries it forward.
A seller holds a lifetime or automatically renewing lease. Those features may not be assumable by a non-spouse buyer under §723.059.
A buyer is lined up. Park approval as a tenant is generally part of closing, given the §723.061 grounds.

Other authorities that may apply

Selling a manufactured home also means transferring title under Florida's certificate-of-title system, which sits outside Chapter 723. If the home secures a loan, the payoff and lien release involve the lender. The rental agreement and prospectus describe the park's specific approval criteria. The statute sets the tenancy framework; these other authorities handle the rest of the sale.