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Can I enter my leased property in Florida without tenant permission?

Can I enter my leased property in Florida without tenant permission?

Full question:

I have leased out a property in Florida. I wish to inspect the premises once in six months for the purpose of maintenance work if required. For past one and a half years my tenant has not granted me the permission to do so and does not state any valid reasons for not allowing me into the leased premises. Can I enter the premises without my tenant’s permission?

Category: Landlord Tenant
Subcategory: Entry of Premises
Date: 04/07/2025
State: Florida

Answer:

In Florida, landlords can enter a rental property to perform maintenance and inspections, but they must follow specific rules. According to Fla. Stat. § 83.53, a tenant cannot unreasonably withhold consent for the landlord to enter the unit for inspections, repairs, or other agreed services. The landlord must provide reasonable notice—at least twelve hours—before entering and can only do so between 7:30 a.m. and 8:00 p.m. A landlord may enter without permission in certain situations, such as emergencies, if the tenant unreasonably withholds consent, or if the tenant has been absent for a significant period. However, the landlord must not abuse this right or use it to harass the tenant. Therefore, you cannot enter the premises without following these guidelines unless it’s an emergency.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the 83.53 law in Florida?

Fla. Stat. § 83.53 outlines the rights of landlords and tenants regarding entry into rental properties. It states that landlords can enter the premises for inspections, repairs, or agreed services, provided they give reasonable notice—at least twelve hours—and enter during specified hours. Tenants cannot unreasonably withhold consent for these entries. However, landlords may enter without notice in emergencies or if the tenant is absent for an extended period. This law aims to balance the rights of both parties while ensuring property maintenance.

Can you evict a tenant after lease expires in Florida?

Yes, in Florida, if a tenant remains in the property after the lease expires without the landlord's consent, the landlord can initiate eviction proceedings. This is known as a holdover tenancy. The landlord must provide proper notice to the tenant, usually a three-day notice to pay rent or vacate if rent is due, or a fifteen-day notice for month-to-month tenancies. It's essential to follow the legal process to avoid complications.

What is the landlord's obligation to maintain premises in Florida?

In Florida, landlords are required to maintain rental properties in a safe and habitable condition. This includes ensuring that plumbing, heating, and electrical systems are functional and that the property meets health and safety codes. Landlords must also make necessary repairs in a timely manner when notified by tenants. Failure to uphold these obligations can result in legal consequences for the landlord.

What is an example of an inspection clause?

An inspection clause in a lease agreement typically states that the landlord has the right to enter the rental property for inspections, repairs, or maintenance. For example, it may read: 'Landlord may enter the premises upon providing at least 24 hours' notice to Tenant for the purpose of inspection or maintenance during reasonable hours.' This clause ensures both parties understand the conditions under which the landlord can access the property.

What is the inspection clause in a lease agreement?

The inspection clause in a lease agreement outlines the landlord's right to enter the rental property for inspections, repairs, or maintenance. It usually specifies the notice period the landlord must provide to the tenant before entering, which is typically 24 hours in Florida. This clause helps protect the tenant's privacy while allowing the landlord to ensure the property is well-maintained.

What is the inspection clause in a rental agreement?

The inspection clause in a rental agreement defines the terms under which a landlord can enter the rental unit. It typically includes the required notice period, which is usually 24 hours, and specifies acceptable times for entry, such as during business hours. This clause is essential for balancing the landlord's need to maintain the property and the tenant's right to privacy.