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

Thu Oct 2 10:43:17 PDT 2014

Reasonableness  will be for a judge or jury to determine.  I think it is excessive but a real estate agent may not.  If I were the tenant I would write the landlord a letter stating that my house will be open for inspection  to prospective buyers on (one day a week) between 9:00 am and 6:00 pm.  This would be evidence that the tenant is trying to be reasonable.  Have the tenant make a log of the requests the landlord makes to show the property.   If the landlord insists to enter have the tenant refuse entry; call the police if necessary.  You can file a Dec action(chapter 86) for a judge or jury  to declare the rights of the tenant as to the reasonable access by the landlord to enter the property.  If the landlord brings suit for eviction, file a Dec action(chapter 86) as a couner-claim for the judge or jury to declare the rights of the tenant or landlord to access the property.   If the landlord enters without permission I would sue for invasion of privacy which is worth about $10k.  BTW: make sure your client is fully aware of what litigation will put them through.  I have had tenants that were not up to the task and move.  Also inform them that the protecting tenants at foreclosure act is alive a well and they will have a minimum of 90 days before they can be evicted or, in the purchaser does not intend to live in the dwelling, until the end of their lease.  If you do not think the client is up to the task of litigation the landlord may be willing to do a cash of keys deal before litigation.

Leonard P. Cabral, Esq.
Leonardcabral at lenslaw.com

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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