Many times Landlords and Tenants are not clear on the access the Landlord could have to the property. Some tenants believe that the Landlord does not have any type of right to access the property just for the simple fact that they are living in the property and no one can enter without permission. The Law in Florida is very clear to this respect. Paragraph 83.53 Landlord’s access to dwelling unit of the Florida Statutes spells out the rights and conditions the Landlord has at the time of accessing the property:
(1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
(2) The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. “Reasonable notice” for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances:
a) With the consent of the tenant;
b) In case of emergency;
c) When the tenant unreasonably withholds consent; or
d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.
(3) The landlord shall not abuse the right of access nor use it to harass the tenant.