Tenant Refuses to Let Landlord Show Unit when Away
My question involves a condominium located in the State of: Florida
Hi,
My tenant is leaving town for a week and he refuses to let my agent show the place during that periord. The lease will end right after he comes back. The lease agreement has the following clause about the right of entry to show the place. But he keeps asking me what if he got something stolen. Can anyone help? Because I am managing the place myself now and I am not local to the house, my agent refuses to tape the notice to his door for me. It looks like I have to give up these 7 days for the showing right?
RIGHT OF ENTRY: LANDLORD, upon reasonable notice by telephone, hand-delivery or posting to TENANT, has the right of entry to the premises for showing, repairs, appraisals, inspections, or any other reason. LANDLORD has immediate right of entry in cases of emergency, or to protect or preserve the premises. TENANT shall not alter or add locks without prior written consent. If consent is given, TENANT must provide LANDLORD with a key to all locks.
Thank you!
Jackie
Re: Tenant Refuse to Let Showing when Away
Quote:
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 onehalf 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.
History.--s. 2, ch. 73-330; s. 5, ch. 87-195; s. 4, ch. 93-255; s. 446, ch. 95-
147.
well, the way the law is written and interpret it, the tenant does have the right to withhold access except for a few circumstances (and showing the property, unless they are unreasonable in their demand, is not one of them).. You do have the right to enter if the tenant if he unreasonably withhold permission. The problem: what is unreasonable?
Your lease goes further and allows entry for showing the place after reasonable notice. It also states a phone call is accepatable so, you call him and tell him your agent will be showing the unit while he is gone.
I would not be surprised if he claims something is missing though.