A tenant cannot unreasonably deny entry to the landlord for the following reasons: inspections, repairs, improvements, and showing the property to prospective tenants and buyers.
The landlord can enter at any time in case of an emergency.
Proper notice is required before entering the property
Before entering the property for repairs or showing, the landlord should give reasonable notice to the tenants and enter at reasonable times.
In Florida reasonable notice is 12 hours.
The landlord must enter at reasonable times
According to Florida law, a reasonable time is between 7:30 am and 8 pm.
What is considered an emergency?
An emergency is a situation that poses an immediate risk to lives or property.
What happens if the tenant refuses entry?
If the tenant unreasonably refuses entry, the landlord can enter with proper notice at a reasonable time.
What if the tenant is absent from the rental?
If the tenant notifies the landlord that he/she will be absent from the premises and the rent is paid, the landlord can only enter with the tenant’s permission or in case of an emergency.
If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payment, the rent is not paid and the landlord has received no notification of the absence, the landlord may enter the premises.
Even if the landlord suspects that the property has been abandoned, it’s a good idea to deliver a Notice of Entry.
How to Deliver the Notice?
The Notice to Enter should be in writing, it should be either mailed and hand-delivered. This is a requirement even if there is no written rental agreement.
The notice should have:
- Date and time of entry. Entry times between 7:30 am and 8 pm.
- The reason for entry
- Delivered by mail or in person. The notice can be securely affixed to the entrance if no one is home.
- Minimum 12 Hours Notice
What are the consequences for not giving proper notice?
A tenant can potentially sue for harassment and even breach of lease.
This article is not intended for the purpose of providing legal advice. Please refer to Chapter 83, Part II, Florida Statutes (F.S.) for more information.