When can a Landlord enter the Property? A Tenant can peacefully reside in the property once they sign a lease. However, there are times when a Florida Landlord can enter. To learn about a Landlord’s right to enter the property, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
When Can a Landlord can enter the Property:
1. Inspect for Damages
2. Make Necessary or Agreed Repairs
3. Make Decorations, or Improvements in the Property
4. Show a Property to a Prospective Tenant or Buyer
Before a Landlord can enter, they must give the Tenant reasonable notice. Florida Statute 83.53(2) defines reasonable notice as 12 hours prior to entering. This must occur between 7:30 a.m. to 8:00 p.m. However, a Tenant cannot unreasonably deny the Landlord from entering. If they do, they are in violation. As a result, they may face Eviction.
What happens if a Tenant prevents a Landlord from Entering?
A Landlord has the right to enter the property. If a Tenant fails to allow access, they violate 83.53(2). As a result, a Landlord can take action. First, they have to give the Tenant a 7 Day Notice to Cure. This means that the Tenant has seven days to allow access. If they still prevent the Landlord from entering, an Eviction can be filed against them.
An Eviction Complaint based on a Tenant’s failure to comply with 83.53(2) should state that the Landlord was prevented from entering. Additionally, it should allege that they gave the Tenant a 7 Day Notice to Cure. The notice must be attached as an Exhibit to the Complaint. After the Tenant is served with the Complaint, they have five business days to respond. If the Court determines that their response is legally sufficient, they will set a Final Hearing. Prior to the hearing, the Landlord will need to provide evidence that the Tenant denied them from entering. This will strengthen their case and result in the removal of the Tenant. Evictions that are based on violations unrelated to non-payment of rent are more difficult for Landlords.
If you are a Landlord in the State of Florida and are unable to gain access to your property due to your Tenant, contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552 or via email at [email protected].
[…] 2. Right to Notice regarding Tenant Entering Property. The Landlord must provide the Tenant reasonable notice prior to entering property. This means that a Landlord must give the Tenant at least 12 hours notice prior to entering property. […]
I’m trying to find out how tenant rights apply to outdoor spaces, I’m currently having a problem with my Landlord showing up, without notice, to do outside maintenance (including in the fenced in backyard) and I am confused whether “property” means the lot or the building.
My landlord has posted a notice of intent to enter week 7/20. Don’t they have To be more specific? This was posted indoor of 7/19.
I again requested assistance w a problem re neighbors dripping wet garbage in front of my door. I immediately (within 20 mins( received a housekeeping notice). Have pictures posted on my timeline on FB page from previous occurrences. Today 7/19 received notice of intent to enter on week of 7/20. Don’t they have to be more specific? Can they enter today 7/19?
What are the penalties for a landlord for failing to give a tenant proper notice prior to entering a tenants unit?
Tenant is refusing landlord access because landlord (property owner) is not vaccinated for covit 19.