SOS- help- landlord access

[QuestN4u]

What is the name of your state (only U.S. law)? FLA
hi there. somebody, please help us! we just rented an apt 2 months ago for a period of 1 year. the landlord now wants to start showing the apt to some possible tenants! we do not want the landlord to show the apt now since we are living there and have some very expensive things in the apt . even worse he is not screening the people who will look at the apt so any joe or jane criminal can enter the apt since he is promoting this apt in the newspapers. we would like to know 1. is there a florida law that states exactly when a landlord can start to access and show the apt to possible tenants ? 2. can this access be at any time or say two months before our 1-year lease ends? 3. what does the state of FLA define as an abuse of the right of access? 4. what does the state of FLA define as harassment of the tenant? we are very worried about anyone entering our apt while we are there or have our stuff in it. so we really want to deny access now. 5. how can we deny access without unreasonably withholding consent? we pay our rent on time and we are model renters. pls, any feedback will be helpful to us and anyone else facing this terrible situation. thnx, peterWhat is the name of your state (only U.S. law)?

 

[Who's Liable?]

Look up FL Landlord Tenant Laws regarding notice.

Generally a LL si required to give "reasonable" notice or a minimum of 24 hours notice IN WRITING. Most states do not allow a LL to verbally give notice of entry. Notice cannot be given carte blanche, but must list a date and the reason why. Any other date must be given with another notice. LLs may give notice to enter whenever they feel it is necessary, but cannot give notice to harass their tenant. You will need to research your state's LL/T laws to determine harrasment.

Once notice has been given, you MUST allow the LL to enter. Failure to do so may result in an eviction for failure to comply.

You are NOT required to vacate thee rental unit nor are you required to clean.

 

[QuestN4u]

Look up FL Landlord Tenant Laws regarding notice.

Generally a LL si required to give "reasonable" notice or a minimum of 24 hours notice IN WRITING. Most states do not allow a LL to verbally give notice of entry. Notice cannot be given carte blanche, but must list a date and the reason why. Any other date must be given with another notice. LLs may give notice to enter whenever they feel it is necessary, but cannot give notice to harass their tenant. You will need to research your state's LL/T laws to determine harrasment.

Once notice has been given, you MUST allow the LL to enter. Failure to do so may result in an eviction for failure to comply.

You are NOT required to vacate thee rental unit nor are you required to clean.

thanx for your reply. can you please be more specific. we spent hours checking this ref and cannot find the answers to these questions. if there are any senior members who know FLA laws pls respond ASAP. thnx again, Peter

 

[reenzz]

B. Right to Enter: Fla. Stat. § 83.53.

1. Without consent:

a. The landlord may enter the dwelling unit at any time without the tenant’s consent to protect or preserve the premises. 83.53(2)

b. In case of emergency 83.53(2)(b)

c. When tenant unreasonably withholds consent to inspect, supply services, exhibit the unit 83.53 (2)©

2. Upon reasonable notice: repair. Reasonable notice = 12 hours. Reasonable time = 7:30 am – 8:00 pm 83.53(2) (the statute does not REQUIRE written notice)

3. Tenant absent: if the tenant is absent for half of a rental payment period, the landlords is notified of the absence, and the rent is current, the landlord may not enter without the tenant’s consent except to protect or preserve. 83.53 (d)

4. Harass: the landlord shall not abuse the right of access or use it to harass the tenant. 83.53 (d). Harassment may rise to the level of constructive eviction. See Peeping Tom landlord case John Kaminski Jr. v. Dynelle Gibson Case 05-CC-02240LT 13th Judicial Hillsboro County, FL [13 Fla L. weekly Supp. 105]

 

[QuestN4u]

thanks!

B. Right to Enter: Fla. Stat. § 83.53.

1. Without consent:

a. The landlord may enter the dwelling unit at any time without the tenant’s consent to protect or preserve the premises. 83.53(2)

b. In case of emergency 83.53(2)(b)

c. When tenant unreasonably withholds consent to inspect, supply services, exhibit the unit 83.53 (2)©

2. Upon reasonable notice: repair. Reasonable notice = 12 hours. Reasonable time = 7:30 am – 8:00 pm 83.53(2) (the statute does not REQUIRE written notice)

3. Tenant absent: if the tenant is absent for half of a rental payment period, the landlords is notified of the absence, and the rent is current, the landlord may not enter without the tenant’s consent except to protect or preserve. 83.53 (d)

4. Harass: the landlord shall not abuse the right of access or use it to harass the tenant. 83.53 (d). Harassment may rise to the level of constructive eviction. See Peeping Tom landlord case John Kaminski Jr. v. Dynelle Gibson Case 05-CC-02240LT 13th Judicial Hillsboro County, FL [13 Fla L. weekly Supp. 105]

thnx for your time and advice! i'm sure this info will help a lot of other tenants who have to deal with these types of landlords. cheers, peter