Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    May 2011
    Posts
    3

    Default 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

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Tenant Refuse to Let Showing when Away

    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.

    1. Sponsored Links
       

Similar Threads

  1. Tenant Stalling on Short Sale - Refuses to Show the Property
    By justncase in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 01-03-2010, 11:30 AM
  2. Eviction Process: Eviction of Tenant in Illegal Unit - No Permit
    By Ayanik7 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 08-06-2009, 07:43 AM
  3. Change of Ownership: Tenant Refuses To Sign A New Contract With The New Landlord
    By halo in forum Landlord-Tenant Law
    Replies: 7
    Last Post: 01-14-2008, 04:02 PM
  4. Moving Out: Landlord Charges Rent on Old Unit After Move to a Different Unit Within the Property
    By lolajack07 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-24-2007, 05:27 PM
  5. Denial of Access: Landlord Refuses to Give the New Keys to the Tenant
    By Nadya_25 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-31-2004, 04:37 AM
 
 
Sponsored Links

Legal Help, Information and Resources