My Tenant Won’t Let Me Enter the Rental Property
One of the most common questions we get at THE FLORIDA LANDLORD NETWORK has to do with the rules regarding the landlords access to the rental AND what to do when the tenant will not permit access to the landlord or some agent of the landlord.
Chapter 83.53 of the Florida Statutes makes it clear that your tenant MAY NOT unreasonably withhold access to you or your agent(s). Such an action by your tenant is broadly termed a "non-compliance" which means it is a violation of the law and/or the terms of the lease.
Part 1 of The statute says:
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.
Part 2 of the statute says:
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.
Now, that could not be clearer. If your tenant tries to prevent access by you or any agent you employ they are in non-compliance and you should immediately enforce your rights using the remedy found in section 83.56(2) which is the "Seven Day Warning Notice with Right To Cure (Click Here).
This notice gives the tenant seven days to cure the problem. If they don't the lease is immediately terminated and they must vacate. If they don't leave you can evict for this infraction.
It goes on to say that if the non-compliance is cured but it reoccurs any time within the next twelve months, the lease is immediate terminated and the tenant must move. If they don't you can evict for this infraction.
So, What Is A "Waiver"
According to a local law library: Waiver occurs when a party voluntarily relinquishes or surrenders a known right or benefit under a contract. In the context of a contract provision, if one party fails to enforce a specific term or condition, they may be considered to have waived their right to enforce that provision later on. Waiver can be either explicit (clearly stated) or implicit (implied through actions or conduct).
So, if your tenant refuses to permit access to the property and you do nothing about it, you may loose the right to enforce that right in the future. Or, if your tenant has an unauthorized animal and you learn about it but do nothing you may loose the right to enforce your right to demand the animal be removed in the future.
Thus, it is wise practice to demand that your tenant cure any non-compliance as soon as you learn about it and to make that demand in writing using the Seven Day Warning Notice.
Click Here For the Form