Or30313, Home Buyer in Plantation, FL

Under Florida landlord/tenant law, what is considered "reasonable" access to landlord?

Asked by Or30313, Plantation, FL Fri Jun 24, 2011

am renting a single-family home in Florida. We're month-to-month. I just gave my landlord our required 60-day notice. Now, he wants to be able to show the house to prospective buyers. He came over yesterday (with less than 4 hours notice) and told us he was going to "aggressively" show the house including holding open houses on Sundays.

I told him that he needs to give me at least 24 hours notice before a showing. I also forbid him to hold any open houses while we were still tenants.

Today, he called me and told me that he was having someone come by tomorrow (Saturday) to paint the inside walls. I don't want painters in my house on weekends when my family of five is home.

Under the law, I know I have to give him "reasonable" access. What is "reasonable" under the law for prospective buyers and/or maintenance like painting?

Also, from a practical standpoint, how should I handle this? I don't want to be a jerk -- but I don't want to be a pushover either.

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Answers

13
The 2002 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE Chapter 83
LANDLORD AND TENANT View Entire Chapter

83.53 Landlord's access to dwelling unit.--

(1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

(2) The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. "Reasonable notice" for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances:

(a) With the consent of the tenant;

(b) In case of emergency;

(c) When the tenant unreasonably withholds consent; or

(d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.

(3) The landlord shall not abuse the right of access nor use it to harass the tenant.
1 vote Thank Flag Link Fri Jun 24, 2011
I have the same question. I told them they are supposed to give me 24/hr notice, but their response was: Since I have given [the required] 60-day notice they don't have to give 24/hr notice. Is this true??
0 votes Thank Flag Link Tue May 21, 2013
If you are renting on a month-to-month basis you may only have to give 15 days notice to move. I think 12 hours may be deemed to be "reasonable" notice so I would copy and paste the Landlord Tenant law above and email or mail to your landlord if you are not being given at least 12 hours notice.
Flag Tue May 21, 2013
If you are renting on a month-to-month basis you may only have to give 15 days notice to move. I think 12 hours may be deemed to be "reasonable" notice so I would copy and paste the Landlord Tenant law above and email or mail to your landlord if you are not being given at least 12 hours notice.
Flag Tue May 21, 2013
If you are renting on a month-to-month basis you may only have to give 15 days notice to move. I think 12 hours may be deemed to be "reasonable" notice so I would copy and paste the Landlord Tenant law above and email or mail to your landlord if you are not being given at least 12 hours notice.
Flag Tue May 21, 2013
So can I file a consumer complaint if the notice was 5hrs?
Flag Tue May 21, 2013
So can I file a consumer complaint if the notice was 5hrs?
Flag Tue May 21, 2013
So can I file a consumer complaint if the notice was 5hrs?
Flag Tue May 21, 2013
Reasonable notice is 12 hours. That's all they have to give.
Flag Tue May 21, 2013
Reasonable notice is 12 hours. That's all they have to give.
Flag Tue May 21, 2013
lol... Just now saw your post was from 2011!!!
0 votes Thank Flag Link Thu Jan 3, 2013
Have you considered moving out earlier? You may only have to give 15 days notice to move:

http://www.flsenate.gov/Laws/Statutes/2011/83.57

83.57 Termination of tenancy without specific term.—A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;
(2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;
(3) When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and
(4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.
0 votes Thank Flag Link Thu Jan 3, 2013
Landlord may legally enter to the rented property only with the tenant's authorization. Review your lease to find the answer, normally is written in your lease that the landlord have the right to show the property some time before you move out, but always with your authorization. Meaning, he/she can not just be outside your door anytime without previous notification (at least 24 hours in advance).

Best of Luck,

Maria Cipollone

Century 21 Tenace

http://www.Flahomespecialist.com
0 votes Thank Flag Link Sun Dec 23, 2012
It is in my lease that the Landlord or Management Agency may enter with 24/hr notice. Is this void once I have given the required 60-day notice?
Flag Tue May 21, 2013
It is in my lease that the Landlord or Management Agency may enter with 24/hr notice. Is this void once I have given the required 60-day notice?
Flag Tue May 21, 2013
It is in my lease that the Landlord or Management Agency may enter with 24/hr notice. Is this void once I have given the required 60-day notice?
Flag Tue May 21, 2013
It is in my lease that the Landlord or Management Agency may enter with 24/hr notice. Is this void once I have given the required 60-day notice?
Flag Tue May 21, 2013
It is in my lease that the Landlord or Management Agency may enter with 24/hr notice. Is this void once I have given the required 60-day notice?
Flag Tue May 21, 2013
It is in my lease that the Landlord or Management Agency may enter with 24/hr notice. Is this void once I have given the required 60-day notice?
Flag Tue May 21, 2013
It is in my lease that the Landlord or Management Agency may enter with 24/hr notice. Is this void once I have given the required 60-day notice?
Flag Tue May 21, 2013
If you are on month-to-month tenant, you need to give 30 days notice, not 60 (unless the lease state 60 days notice)

As far as painting and conducting an Open House (while you occupy the property), I beleive he has no legal grounds to enforce it (or to demand it...)

Meir Aloni & Team

CRS (Certified Residential Specialist)

CDPE (Certified Distressed Property Expert)

RECS (Real Estate Cyberspace Society)

Successfully selling Broward County since 1986!

Direct phone# 954-338-5220 http://www.WeSellBroward.com

All Star Realty Inc.
0 votes Thank Flag Link Sun Dec 23, 2012
It seems unreasonable for me for the landlord to hold an Open House. Also many sellers do not realize it but the odds of a property selling at an open house are minimal.

I'm not a landlord tenant law expert but it appears that you also may have only been required to give him 15 days notice if you are on a month-to-month tenancy.

You may want to print out the section of the landlord tenant law (note it's the same for 2010) in case your landlord is not aware of the laws.
0 votes Thank Flag Link Fri Jun 24, 2011
My understanding is that reasonable is determined by custom. What is reasonable to you as a tenant may not be deemed reasonable by a landlord, buyer or seller.

I agree with you- painting your place while you are there does not seem reasonable or even wise on the landlords part.

Have you reviewed the Florida Landlord Tenant Act?
0 votes Thank Flag Link Fri Jun 24, 2011
Reasonable is 12-24 hours notice although your lease will dictate specifics. Holding an open house is unusual for a rental property but again, reference your lease. As Laurie mentioned, if there are no clauses or references to access in your lease contact a local attorney familiar with landlord/tenant law.

Try talking to your landlord and see if you can resolve things amicably.

Best of luck,

Danielle
Web Reference: http://www.mysharphomes.com
0 votes Thank Flag Link Fri Jun 24, 2011
Thanks for your answers thus far. Unfortunately, the lease is vauge. It mirrors the state law and merely states that the landlord has to right to show the property at "reasonable times." I would think the state law would trump the lease in this case.
0 votes Thank Flag Link Fri Jun 24, 2011
Reasonable is 12-24 hours notice although your lease will dictate specifics. Holding an open house is unusual for a rental property but again, reference your lease. As Laurie mentioned, if there are no clauses or references to access in your lease contact a local attorney familiar with landlord/tenant law.

Try talking to your landlord and see if you can resolve things amicably.

Best of luck,

Danielle
Web Reference: http://www.mysharphomes.com
0 votes Thank Flag Link Fri Jun 24, 2011
If you have a lease, read it. Most leases have clauses that stipulate what is allowed and not allowed. If it states that your landlard can enter with a certain amount of notice then that's what you'll need to follow. If it doesn't state anything about it, I would contact an attorney that deals with Landlord Law. I used to work with a couple of good one in Davie. Let me know if you would like their number.

Laurie Latham
The Keyes Co
954-336-6058
0 votes Thank Flag Link Fri Jun 24, 2011
You should send him in writing that you need 24 hours notice before having someone inter the property and he cannot do any painting, open house or any modification inside the unit until you vacate the property.
0 votes Thank Flag Link Fri Jun 24, 2011
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