The Florida Homestead Exemption is a tax benefit provided to eligible homeowners. It reduces the assessed value of their primary residence for tax property. This Exemption is enshrined in Article X, Sec. 4(a) of the Florida Constitution, and is intended to provide homeowners with a tax break and protection from creditors.
In Florida, it’s possible for mobile homes to qualify for a homestead exemption. For example, in In re Scott, 638 B.R. 658 (Bankr. S.D. Fla. 2022), the Southern District of Florida Bankruptcy Court held that the debtors’ mobile home on leased land was exempt from a forced sale. The Court also cited In re Lisowski, 395 B.R. 771 (Bankr. M.D. Fla. 2008), where it distinguished between Article X, Sec. 4(a) homestead, and the exemption found in Fla. Stat. § 222.05, which specifically applies to people who do not own land.
How Would a Mobile Home Qualify?
For a mobile home to qualify for Florida Homestead protection, the following conditions must be met:
(1) Ownership: You must own the mobile home and have a legal title or beneficial interest in it.
(2) Residency: The mobile home must be your permanent residence. Additionally, you must be a permanent resident of Florida as of January 1st of the tax year you’re applying.
(3) Use: The mobile home must be used as your primary residence and not rented out to others.
(4) Application: You must file an application for homestead exemption with the property appraiser’s office. This should be done in the county where the mobile home is located, by the deadline specified by the county.
For more information on homestead protection or real estate, contact one of our attorneys at 305-570-2208. You can also email attorney Eduardo directly at eduardo@ayalalawpa.com.
We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.
