Once a lease is signed by the Landlord and the Tenant in the State of Florida, a Tenant has the right to peacefully reside in the property without unnecessary disturbance from the Landlord. While the Tenant is afforded this right, there are circumstances that allow a Landlord to enter the property by giving reasonable notice to the Tenant. This process is governed by Florida Statute 83.53.
A Landlord has the right to enter the rental property by giving reasonable notice to the Tenant under the following circumstances:
- Inspect the Property for Damages 2. Make Necessary or Agreed Repairs, Decorations, or Improvements in the Property 3. Show a Property to a Prospective Tenant or Buyer
Florida Statute 83.53(2) defines reasonable notice for the purpose of making repairs to the property as notice given to the Tenant at least twelve (12) hours prior to entering. Reasonable Notice must also include a reasonable time for the purpose of repair according to Florida Statute 83.53(2). Reasonable time for the purpose of repair must be between the hours of 7:30 a.m. to 8:00 p.m.
At no time can a Tenant unreasonably withhold consent from the Landlord from entering the property to make repairs or inspect the property. If a Tenant unreasonably withholds consent, they will be in violation of Florida Statute 83.53(2). If the Tenant violates Florida Statue 83.53, the Landlord can give the Tenant a Seven (7) Day Notice to Cure pursuant to Florida 83.56. During this Seven (7) day period, the Landlord will provide the Tenant a reasonable time that they will need to enter the property. If during the Seven (7) Day Notice to Cure Period the Tenant prevents the Landlord from entering the property again, the Landlord can commence an eviction action against the Tenant based on the Tenant’s failure to provide access to the Landlord although they were given proper notice.
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@example.com.