Your home is a place where you should expect to enjoy a reasonable degree of privacy. This holds true whether you own or rent the home, although with rental properties, there will be times when you as a landlord need to access the premises.
Does this mean that you can show up unannounced or on a frequent basis? Not at all. Florida tenants have a right to privacy, but they must still provide access to their landlords when necessary. In this blog, we explain when landlords can enter their rental properties and rules they must observe before and after their visit.
You Must Provide Notice
Florida Statute 83.53 states that a landlord must notify the tenant at least 12 hours in advance of their intention to enter the rental unit. Once the notice has been issued, they can come into the property between the hours of 7:30 a.m. and 8:00 p.m.
As long as you provide proper notice beforehand, your tenant cannot refuse to let you into the rental unit. They can’t try to claim they never received the notice or unreasonably deny access after they are aware of your intent to enter.
You may not have to give notice if an emergency situation arises. Under Florida landlord-tenant law, you may be able to access the rental unit within less than 12 hours under circumstances like the following:
- There has been an emergency, such as a fire, hurricane, or flood.
- The tenant is refusing you entry after receiving reasonable notice.
- You have reason to believe that the tenant has abandoned the property. The law permits you to enter the unit without notice if the tenant has not been present for over 15 days (with monthly leases) or a period of time equal to half of the rental period.
Unfortunately, tenants have been known to file complaints and even claims against Florida landlords who act on their access rights, creating a difficult situation that all too often goes against the landlord. This is where working with an experienced attorney can help.
Contact Atlas Law for Efficient and Experienced Legal Help
When a tenant denies you access to your property or otherwise violates your rights as a landlord, you need a Florida lawyer with a long history of experience in Florida landlord-tenant law. To learn more and get legal representation you can trust, call Atlas Law at (813) 241-8269.