Mobile Homes, RVs, and Boats as Florida Homestead

Florida homestead protection is not limited to traditional single-family houses built on owned land. Courts have extended homestead status to mobile homes, manufactured homes, and even certain recreational vehicles and boats when used as a primary residence. The legal framework depends on whether the dwelling is classified as real property or personal property, and whether the owner also owns the underlying land.

Mobile Homes on Owned Land

When a mobile home or manufactured home sits on land owned by the same person, the analysis is straightforward. The homeowner owns both the structure and the real property beneath it, and the combined unit qualifies for homestead protection under Article X, Section 4 of the Florida Constitution in the same manner as a site-built house. The same size limitations apply: one-half acre within a municipality or 160 acres in an unincorporated county.

An owner who permanently affixes a mobile home to owned land and retires the certificate of title under Florida Statute Section 319.261 converts the mobile home from personal property to real property. Once converted, the home and land are treated as a single parcel for purposes of both creditor protection and property taxation.

Mobile Homes on Leased Land

The more complex situation arises when the mobile home owner does not own the land. Many mobile home owners lease a lot in a mobile home park or community. The Florida Constitution’s homestead protection applies to interests in real property, and a mobile home sitting on someone else’s land is technically personal property.

Florida Statute Section 222.05 fills this gap. The statute provides that a mobile home occupied as a primary residence is exempt from levy and forced sale by judgment creditors, even when the home is on leased land. The owner must permanently affix the home to the land and maintain a lease or other legal interest in the lot. This statutory protection is separate from the constitutional homestead exemption, but the practical effect is similar: a creditor cannot force the sale of the mobile home to satisfy a judgment.

The tax treatment differs, however. A mobile home owner who does not own the underlying land cannot claim the standard homestead property tax exemption. Instead, the owner may apply for a tax exemption certificate that reduces the annual license tax owed on the mobile home under Florida Statute Section 320.0815.

Recreational Vehicles

Whether a recreational vehicle qualifies for homestead protection depends on how the owner uses it. Florida Statute Section 222.05 defines protected dwellings to include mobile homes, and Chapter 320 of the Florida Statutes addresses motor homes, but neither statute directly addresses whether an RV with residential facilities can be treated as a mobile home for homestead purposes.

Only one Florida case has addressed this question directly. A bankruptcy court held that the classification turns on both the physical characteristics of the RV and its actual use. If the owner permanently parks the RV on a rented or owned lot, lives in it full-time, and has no other residence, the RV takes on the characteristics of a motor home eligible for homestead protection. An RV used primarily for transportation or touring is more like a motor vehicle and would not qualify.

An RV owner seeking homestead protection should arrange a permanent lot with utility hookups, use the RV as a sole primary residence, and avoid using it for travel or recreation during the period protection is needed. The more the RV functions as a fixed dwelling, the stronger the homestead claim.

Temporary Trailers During Construction

A related question arises when a homeowner lives in a temporary trailer on land where a permanent home is being built. At least one Florida court has recognized homestead protection for an owner residing in a temporary trailer on property under construction. The rationale is that the owner has established occupancy and intent to permanently reside on the property, even though the permanent structure is not yet complete.

This result aligns with the broader principle that homestead protection during construction depends on actual occupancy. A vacant lot under construction does not qualify for homestead protection, but a lot where the owner physically resides in a temporary structure may qualify because the occupancy requirement is satisfied.

Boats and Houseboats

Florida courts have addressed whether boats can qualify as homestead property. The general trend is that houseboats designed and built as residential dwellings can qualify, while recreational or commercial vessels typically cannot, even if the owner lives aboard.

A bankruptcy court in Florida’s Southern District protected a boat that was equipped to function as a dwelling, was permanently docked, and served as the debtor’s only residence. However, other bankruptcy courts have taken a narrower view. The conservative position is that homestead protection should be afforded only to vessels designed and constructed as residential houseboats. A sailboat, fishing vessel, or yacht that happens to serve as someone’s home is unlikely to receive homestead protection, even if the owner has no other residence and the boat is permanently moored.

A debtor relying on a boat for homestead protection should assume that courts will scrutinize whether the vessel was designed for habitation rather than recreation or commerce. The physical characteristics of the vessel, the permanence of its mooring, and the availability of residential facilities all factor into the analysis.

Key Distinctions

The common thread across all nontraditional homestead claims is that Florida law prioritizes substance over form. The critical questions are whether the dwelling serves as the owner’s actual primary residence, whether the owner intends to remain there permanently, and whether the structure has the physical characteristics of a residence. A mobile home permanently affixed to owned land receives the strongest protection. A mobile home on leased land receives statutory protection under Section 222.05. RVs and boats occupy a gray area where the outcome depends heavily on the specific facts.