A common problem Landlords face is when their Tenant refuses access to the property. While a Tenant has the right of Quiet Enjoyment, they cannot prevent the Landlord from entering. Upon giving twenty-four hours to the Tenant, a Landlord can enter the property to inspect, make repairs, or show it to prospective purchasers. To learn about whether you can Evict a Tenant for Refusing Access to the property, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
How Do You Evict a Tenant that Refuses Access to the Property?
Florida Statute 83.53 is very clear about when a Landlord can enter a property:
- Inspection of premises
- Make necessary or agreed repairs, decorations, alterations, or improvements
- Supply agreed services
- Exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
However, prior to entering, a Landlord must give reasonable notice via email, text message, personal service, or posting on the door. If a Tenant refuses access, the Landlord can serve them a 7 Day Notice to Cure. As a result, a Tenant will have 7 days to allow the Landlord to reschedule a time to enter. If they refuse access again or anytime during the remainder of the lease, a Landlord can commence Eviction Proceedings against the Tenant.
These type of Evictions are a little more complicated. A Landlord must present detailed evidence that shows notice was given properly and timely. To further substantiate their argument, a Landlord should also provide proof that they reached out to the Tenant in writing confirming that access was denied on the first attempt. Without this evidence, it makes it more difficult for a Court to decide that access was denied. On the other hand, if the Court finds in favor of the Landlord, a Final Judgment will be entered and the Tenant will have to vacate the property.
Understanding a Landlord’s right To Evict a Tenant for Refusing Access can be difficult. Contact the Law Office of Brian P. Kowal, PA at (954) 990-7552 to learn about the Process.
