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  1. #1

    Exclamation Can a Landlord Enter Without Permission Over Problems With a Toilet

    My question involves landlord-tenant law in the State of: Florida.

    Hey guys

    I just signed a 12 month lease on the 4th of may and unfortunately some pretty uncomfortable confrontation has developed. Here is a bit of info to help, I am a 25 year old student living with my girlfriend, however the lease is solely in my name. We just moved into a inlaw/cottage house in the back of a larger home. We live in the downtown district and our new place is an old 1940s era building. When we were viewing the home our landlord, Kim, made mention to the age of the home and the "sensitive plumbing," however no specific warnings were dealt.

    A week after we signed the lease, a plumbing issue presented itself to my significant other, I was out of town. Post-potty the toilet decieded to be, "sensitive" and could not flush. A plunger wasn't available and embarrassingly the culprit was left to be dealt with after purchasing one. During this time, the tenant in the front unit reported unworkable toilets in his home and thus Kim came onto the property to asses.

    She then called my girlfriend at 3:30pm and left a voicemail requesting we flush our non-working toilet to determine if the issue was in the main line or isolated to the front unit. At 3:50pm she texted us, " Hi Valerie, following my vm I need to go inside and check your plumbing to see if Matt's(front tenant) issue is isolated to his house or if there is a main line stoppage. I'll knock and go in if no answer."

    Presently the problem has been repaired at a cost of $400 to Kim, however the relationship between the her and I is extremely stressful. When I returned from my trip I Immediately called Kim to try and gain a understanding of the situation. The conversation was confrontational and I feel I may need to take the appropriate action to legally protect myself. Kim was quite emotional throughout the call and warned/threatened that she has been taking all kinds of photos. She is claiming that we were negligent in our use of the plumbing. She accused my girlfriend of flushing lettuce and feminine products down the toilet, an absurd claim because my girl doesn't cook nor have a menstrual cycle.

    I hope you guys made it this far, I tried to provide as much important detail as possible.

    My questions:
    1. Is the landlord allowed to enter our home in the manner that she did?
    2. Is this plumbing problem legally considered an emergency?
    3. Do I have any options to nullify my lease? Harassment, invasion of privacy, poor living conditions, toilet hardly works?

    Our lease clearly states that the plumbing is the responsibility of the landlord.

    Thanks
    Mike

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Was Landlord Just in Entering Home Without Permission

    1. Yes. You don't consider non-working toilets an emergency?

    2. Yes.

    3. No. A tenant (not even you) reported a repair issue that needed attention; the landlord responded appropriately to address such. This required entrance into your rental unit. This is not harassment, invasion of privacy or poor living conditions.

    Gail

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Was Landlord Just in Entering Home Without Permission

    Mike,

    That was a valid plumbing emergency and you were out of line giving your landlord such a hard time about it.

    Now, whether the plumbing situation is bad enough to make the unit uninhabitable or not is a matter for the housing inspection department or whatever they call it in your area.

  4. #4

    Default Re: Was Landlord Just in Entering Home Without Permission

    Thanks for the quick response guys, I have another question.

    Could Kim refuse to repair the plumbing in further instances should the sewage fail again? She stated that she would not, essentially our use of the toilet was neglegent.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Was Landlord Just in Entering Home Without Permission

    Quote Quoting Mikestressed
    View Post
    Thanks for the quick response guys, I have another question.

    Could Kim refuse to repair the plumbing in further instances should the sewage fail again?

    Yes, she can refuse to pay for it.

    Whether you would have any recourse depends on variables that aren't going to be known until something happens again.

    I can tell you this: I owned a rental that was built in the 1940s. The plumbing was always a problem and the sewer line under the back yard was deteriorated. I had to hire the Rooter Man about once a year until I bought my own rooting machine.

    If you end up in a legal dispute, you may have to hire a plumber with a camera snake to make a video of the inside of the drain and sewer lines as evidence.

    Meantime, both of you study up on the Florida landlord tenant statutes for your rights and obligations.

    http://www.leg.state.fl.us/Statutes/...entsIndex.html

  6. #6
    Join Date
    Sep 2013
    Posts
    312

    Default Re: Was Landlord Just in Entering Home Without Permission

    Quote Quoting Mikestressed
    View Post
    Could Kim refuse to repair the plumbing in further instances should the sewage fail again? She stated that she would not, essentially our use of the toilet was neglegent.
    She certainly can, depending on the cause of the issue.

    Maybe if you hadn't been so confrontational when she (rightfully) entered your rented residence, she would be more willing to foot the bill herself without evidence. But at this point, you're probably going to need proof the next time it happens, and you can be certain she won't be volunteering to foot the bill herself.

    More importantly, learn a lesson from this. If you're going to rent someone else's property, it's extremely important/beneficial to have a good relationship with your landlord. If this isn't something you or your GF want to do, you should buy your own place.

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