Landlords! What Gives You The Right to Enter your Tenant's House?
I do not provide property management services in Brevard County, Florida but on occasion I provide tenant placement service for owner managers.
This explanation by Tallahassee real estate broker Fred Griffin should be understood by all landlords. Tenant management includes an understanding of the lease terms, laws and open communication.
These Landlords goofed up royally! One lost a tenant, the other created bad blood. What would you as a Tenant do if you came home to find someone inside your house? What made these Landlords think that they had the right to enter these leased properties?
Does Florida Law allow a Landlord to enter a dwelling at will, or must he get permission from the Renter or give notice? Here are two ways NOT to do it, Landlords!
First Example: Tenant comes home to find Landlord inside her house.
The Tenant and her children arrive home and see the Landlord's car parked in the driveway. She tells the kids to stay in the car. She opens the front door cautiously, while knocking on the door and ringing the bell and calling out.
The Landlord responds. "Oh, Hello! I came by to put some Rid-X into the toilets - you know, the stuff that keeps the septic tank in working order". This is a single mother; she is not happy, and demands to know who told him it was okay for him to be in the house.
He then talks about his right under the Florida Landlord-Tenant Act to protect the premises. She asks him to leave, then says that she will call a Lawyer to find out if he has that right.
The Landlord called me, asking if he was in trouble. I tossed out the usual "I am not a Lawyer" disclaimer, and then told him that he was most likely in the wrong, since he had not given "reasonable notice" as required by Florida Law.
I suggested that the Landlord call the Renter and try to make peace. Rather bluntly, I stressed that he should call her right now, before she gets an Attorney involved.
The Tenant stayed on, but there was now "Bad Blood" between her and the Landlord.
Second Example: The Tenant comes home, realizes that someone has been inside the house, and calls the Police. It was the Landlord!
Nothing is stolen or broken, but the Tenant just "knows" that someone has been inside. He called the police. The police contacted the Landlord; he said "Yes, I went inside to change the Air Conditioner Filter". Just like the Landlord in Example #1 above, he believed that he had that right under Florida Law!
This time the Tenant (a friend) called me. He wanted to know what he could do to the Landlord. He was filled with angry talk about Lawsuits, and bringing trespass charges (I do not know if the police had asked him about pressing charges). He was never going to pay the rent again; he would break the lease.
I drove over. When I arrived he had calmed down. I asked him to get his Landlord on the phone, and let me talk to him.
That Tenant broke the lease and got his deposit refunded in full.
Does a Landlord have a right to enter the dwelling unit of a tenant?
Below is an excerpt from the Florida Statutes. If you are a Landlord, you should have a Real Estate Attorney explain this to you in detail. You do NOT want to break the law by entering a property illegally!
Landlords, you may have the legal right to enter a Property per the wording of the Statute. You may have even written something into your Lease in an attempt to "override" the Statute.
But your failure to communicate with a Tenant prior to entering the house may cause bad blood and result in the loss of a Tenant... or worse!
See an Attorney for Legal Advice.
Disclaimer: Nothing in this blog article is to be construed as legal advice, tax advice, or financial advice. For legal advice see an attorney. For tax advice or financial advice see a tax attorney, certified public accountant, or other qualified professional.
Frederick Griffin, Licensed Real Estate Broker Tallahassee, Florida 850-339-4861
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Frederick Griffin, Licensed Real Estate Broker Tallahassee, Florida 850-339-4861
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