The Short Answer

In Florida, you generally cannot just “take” and sell a deceased resident’s mobile home because it is typically titled personal property and may be part of a probate estate. However, Florida law does give mobile home park owners specific rights to regain possession of the lot and address property left behind, and the correct approach often depends on whether there is a lienholder on the title and whether an estate is open.

What Florida Law Says

Two legal tracks often overlap in this situation: (1) mobile home park/landlord-tenant rules governing possession and removal from the lot, and (2) probate/title rules governing who has authority to transfer or sell the mobile home after the owner’s death. If you move or dispose of the home without proper authority, you can trigger disputes with heirs, a personal representative, or a recorded lienholder.

The Statute

The primary law governing removal of a resident and handling property on the lot in a mobile home park is Fla. Stat. § 723.062.

This statute provides that after a judgment for possession and execution of a writ of possession, the park owner (with the sheriff present to keep the peace if requested) may remove personal property, including the mobile home, to or near the property line or place the mobile home into storage, and limits liability for loss or damage after removal.

Separately, if the issue is who can legally transfer title to a mobile home after death, Florida’s title statute is often central: Fla. Stat. § 319.28. It addresses transfers of ownership of a mobile home by operation of law (including inheritance) and the type of proof the Department may accept for title issuance.

And if there is a recorded lienholder (common with financed homes), storage-charge and lienholder-right issues can become decisive under Fla. Stat. § 723.084 and Fla. Stat. § 723.085.

For additional background, you may find helpful: how mobile home title transfers can work after death in Florida and notice and timing issues for abandoned mobile homes.

Why You Should Speak with an Attorney

While the statutes provide general rules, applying them to a deceased resident’s “abandoned” mobile home is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If a lienholder is involved, Florida law ties storage-charge rights and protections to specific written notice and timing rules (see Fla. Stat. § 723.084), and missteps can reduce leverage or create liability.
• Burden of Proof: To sell the home, you typically need a legally valid path to title transfer (often involving probate authority or documentation acceptable under Fla. Stat. § 319.28), and buyers will usually demand clean title.
• Exceptions and Competing Rights: Heirs, a personal representative, a secured lender, and the park may all claim rights in the home. Acting too aggressively (for example, disposing of the home without proper authority) can trigger claims for conversion, title disputes, or litigation over storage and lot rent.

Because the home is often the decedent’s titled asset and may be subject to liens, the safest approach is to have a Florida probate/real property attorney evaluate the title status, lienholder information, and whether probate action is needed before any sale or disposal.

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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.