As more Floridians face evictions from mobile home parks, Kerrie Bacci is demonstrating how to stand your ground — even if that ground is owned by a huge property management company.
Bacci owns her mobile home in Shangri La Mobile Home Park in Largo, Florida. What she doesn’t own is the land it sits on. She leases her lot from Chicago-based Equity LifeStyle Properties, which owns 200 such parks in the U.S.
When the property management company served Bacci with an eviction notice, she took the matter to court and won. Her attorney Michael Hildebrandt, who helped her win, says too many people in similar situations don’t fight.
“Most people in these parks don’t have the means or capabilities of defending these evictions properly, so they wind up giving up their homes,” he says. “They wind up moving out. They wind up selling their homes to get away from the problem.”
Bacci shared her story — and the power of speaking up — with WFTS Tampa Bay.
Property manager’s backlash against resident
Bacci believes she was targeted after she complained to the property management company about the dumpsters near her property. She said the area wasn’t being maintained.
“I had to go out three to five times a week and wash it down," Bacci said.
She erected a sign in the dumpster area without management’s approval. The property management company cited her for that. Then it cited her for other violations, including installing an intercom speaker and having planters and reflectors extending over the property line onto the sidewalk.
The property manager also issued a violation citing her for “disturbing the peaceful enjoyment of the community.”
“They want everyone under their thumb, in check, doing what they say,” Bacci commented.
Bacci had an altercation with the local property manager who arrived at her home and started measuring her lot without her consent.
The Florida Residential Landlord-Tenant Act states that a landlord needs to give “reasonable notice” (typically 24 hours) before entering a rental property.
Bacci captured the confrontation on camera as a police officer arrived. Bacci told both the property manager and officer to leave — and they did.
“No one should have to go through that," she said of the confrontation. “I was in my own home.”
The next thing she knew, Equity LifeStyle Properties served her with an eviction notice.
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Judge rules against eviction
Lawyer Michael Hildebrandt represented Bacci at an eviction hearing and the judge ruled in her favor.
When asked about the eviction complaint and ruling, Equity LifeStyle Properties issued a statement that read: “the judge in the hearing ruled in Ms. Bacci’s favor because management stopped issuing additional rule violations once a 30-day notice to vacate was posted.”
It also said the company hoped Bacci would continue to follow community rules and regulations so that “further legal proceedings can be avoided.”
As WFTS reported, the Florida Department of Business and Professional Regulation has investigated Bacci’s complaint about Equity LifeStyle Properties and forwarded it to the Office of the General Counsel for review.
Hildebrandt said other people who live in Equity LifeStyle Properties mobile parks have reached out to him.
“I’ve been contacted by people as far as the east coast of Florida that are dealing with the company that owns these parks,” he said.
Tenants need to know their rights around evictions, whether they lease land in a mobile home park or an apartment.
Protect yourself from unlawful evictions
Look up your state’s landlord-tenant laws. As Jacksonville Legal Aid reveals, Florida has specific laws that apply to the eviction of residents in mobile home parks.
In Florida for instance, a landlord can send an eviction notice if a tenant didn't make any attempts to correct an issue within seven days after being asked to do so.
You can protect yourself by making sure you keep the home or lot you lease in good condition and that you do not unreasonably disturb other tenants.
A tenant may have a right to withhold rent if the landlord has engaged in unlawful behavior.
If you receive an unfair eviction notice, you may need to provide documentation indicating how they’ve violated their end of the rental agreement.
Since rules around evictions and tenant rights can be complex, it’s wise to do as Bacci did, and seek the advice of a reputable attorney.
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Sarah Li-Cain, AFC is a finance and small business writer with over a decade of experience.
