[RPPTL LandTen] Reasonable Access - Fla. Stat. 83.53

[Jay Taplin]

Carlos, without review, what is reasonable consent to enter the unit from time to time in order to show the unit would also depend on the facts and circumstances of the particular case and that which is customary and usual.  Some initial questions to consider. Does the tenant work during the week, are there young children or pets involved, or other particular circumstances? Is it customary and usual to show more on weekends than weekdays? How much notice is the Landlord offering? Etc. When residential leases of this type are specific as to rights to show (as opposed to FAR Leases which track the statute), what do those provisions provide? Why did the dispute over a couple of days arise?  Does the fact of the foreclosure sale being set in 60 days and Landlord desire to sell quickly affect Tenant? Is Tenant paying rent and to whom? Is Tenant named in the foreclosure sale? Did or is Landlord breaching his covenant of title and quiet enjoyment?  Are either of the parties in breach of the statutory obligation of good faith?

I hope I have been of some help, Jay.

Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510, Regions Bank Tower
1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin at taplinlaw.net<mailto:jtaplin at taplinlaw.net>

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Carlos R. Arias
Sent: Thursday, October 02, 2014 9:26 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Reasonable Access - Fla. Stat. 83.53

Team:

Landlord and Tenant enter into lease through April 2015.  Landlord is in mortgage foreclosure with a final judgment entered and a sale date set 60 days out.  Landlord lists the property for short sale and commences to exhibit the property.  Landlord demands Tenant grant access to exhibit property 4-5 times per week.  Tenant refuses wishing to restrict access to weekends or only twice a week.  The lease provisions regarding access mirror Fla. Stat. 83.53.

Fla. Stat. 83.53 provides as follows:

83.53 Landlord’s access to dwelling unit.—
(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.

Naturally, I found virtually no authority on what is reasonable access.  Is requiring access 4-5 times a week under these circumstances an abuse of the right?  What is unreasonably withholding access?

Thank you in advance for you time.

Best regards,

Carlos R. Arias
Clayton & McCulloh
1065 Maitland Center Commons Blvd.
Maitland, Florida 32751
Tel: (407)-875-2655
Fax: (407)-875-3363
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