Florida Landlords & Requests For Entry
One bad habit encountered among Florida landlords, particularly new ones, is the tendency to see a rented dwelling as still being theirs, to do with it as they see fit. In reality, while of course they still may own the premises, renting a dwelling gives a tenant certain rights – including the right to dictate when a landlord may enter the premises. Disputes on this point can lead to bad relationships between landlord and tenant, or in some extreme cases, it can lead to legal action.
Must Give Notice To Enter
The relevant statute that deals with landlord entries is Sec. 83.53. It sets out obligations on the part of both the landlord and the tenant – for example, a tenant may not “unreasonably withhold consent” for the landlord being on the premises for purposes of repairs or inspections (among other things). Conversely, a landlord may enter in non-emergency moments only after providing “reasonable notice” to the tenant and coming at a reasonable time – generally, a time of day that a reasonable person would consider appropriate. Florida law sets this, while allowing exceptions, to be between 7:30 AM and 8:00 PM.
While these rules are for non-emergencies, protocol in emergency situations is somewhat clearer. In a genuine emergency situation, such as a fire or incoming hurricane, a landlord has the right to enter without permission, as long as it is for the “protection or preservation of the premises.” A tenant may also give their landlord permission to enter at a certain time later, and if that happens, it means that no notice must be provided for that entry (though for future entries, the notice rules again apply).
“Quiet Enjoyment” Is Paramount
Even if there are moments where a tenant grants a landlord permission to enter the dwelling without them there, it is absolutely crucial for the landlord to not abuse this privilege. State law mandates that renters must be able to have “quiet enjoyment” of the property they are renting, and the landlord appearing constantly at the door with no valid legal reason flies directly in the face of that principle. Tenants have the right to initiate legal action if they feel this principle has been breached.
In general, it is always best to communicate as openly and straightforwardly as possible with tenants; most are perfectly willing to comply with requests for entry as long as proper notice is given and proper procedure is followed. Failure to do so can mean significant time and trouble for both parties, and potentially having to find a brand new tenant after the fact.
Call A Tampa Landlord-Tenant Attorney
If you have questions or concerns about your tenants complying with entry requests, it is often a good idea to seek the help of an attorney. A Tampa landlord-tenant attorney from the Seward Law Office can ask the right questions and hopefully help both parties establish a better working relationship. Call our office today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.53.html
