ChiTownRattler
New Member
Tallahassee, FL
I signed a lease at an apartment complex in Tallahassee Florida last year when I was in school. One day, the assistant property manager and the maintenance man barged into my apartment checking smoke detectors. Florida law says they must provide 12 hours notice before entering apartments if there is no emergency. They did not provide any notice. In fact, they did not even give anyone enough time to answer the door after knocking. The APM and the MM checked the detectors, talked to me and my roomate with a smile on her face and left. As I was leaving my place around 5pm (the office is closed), I saw a $300 pet fine laying on the living room floor.There was no pet in my house at the time. The next day, I went to the office to find out what the deal was. The APM told me, with an attitude, that she and the MM saw a cat in my window earlier the previous morning. I asked her why didn't she say something to me about when they came in and checked the smoke detectors. All she could say was "I saw a cat in your window. The MM saw it too" I asked her if it was in front of behind my blinds(since they had been closed and there was also a tree in front of the window, making it impossible to see anything in my window) and she couldn't tell me. I knew she didn't see anything in my window because I had candles in my window and if anything had gotten up there, all of my stuff would have been on the floor. So anyway, the violation notice read that I had to have the cat out or else I will be evicted. All of this happened back in September of 2007. Many months passed and I heard no word from the APM, then out of the blue, I get a note saying that I owe them for a pet fine. I figure, if she was so sure that I had a cat in my room, why didn't she just evict me? So I wrote a letter stating that she did not have substantial evidence that a cat was in my window so unless she can travel back in time and get some, then she isn't getting that money. I tried to talk to the head Property Manager about it but she said that she didn't know anything about it. She redirected me to the APM with the attitude.More months passed and now it's April. Once again, someone barges into my place without prior notice. This time it was the head Property Manager and the MM checking windows. The PM came in with a camera and took a picture of my cat which was not seen the first time they barged into my house. The PM came upstairs to my room and gave me yet another fine which I paid. They told me that I now owe then $600 for the two pet fines. I only paid for the one there was evidence for. My question is do I have a case against them because I really want to take them to court and get my money back from rent and the fine paid because they violated Florida law by barging into my house without sufficent prior notice.
Florida Law states that notice of entry must be 12 hours prior. Section 83.53(2), F.S.
Once you agree to rent a dwelling, your right to possession is much the same as if you owned it. The landlord however, can enter at reasonable times with proper notice to inspect, make necessary or agreed repairs, decorations, alterations or improvements, supply agreed services or show it to a prospective or actual purchaser, tenant, mortgagee, worker or contractor.
The landlord may also enter at any time when:
The tenant has given consent;
In an emergency;
The tenant unreasonably withholds consent; and/or,
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.
The apartment complex's right of entry states: "If tenant is present. Landlord or any serviceman designated by Lanlord may enter the Apartment during reasonable times for any reasonable business purpose. If the tenant is not present, Lanlord or any such serviceman may enter the Apartment by key at reasonable times for the purpose of repairs, extermination, emergency, Inspections(safety, fire, maintenance, or routine apartment inspection), leaving notices, and showing the Apartment to prospective Tenant within 30 days prior to the expiration of the Lease Term. During an emergency, Landlord, or Landlord's respresentative may forcibly enter the Apartment. Nothing contained herein shall obligate Landlord under any circumstances to enter or inspect the Apartment."
I signed a lease at an apartment complex in Tallahassee Florida last year when I was in school. One day, the assistant property manager and the maintenance man barged into my apartment checking smoke detectors. Florida law says they must provide 12 hours notice before entering apartments if there is no emergency. They did not provide any notice. In fact, they did not even give anyone enough time to answer the door after knocking. The APM and the MM checked the detectors, talked to me and my roomate with a smile on her face and left. As I was leaving my place around 5pm (the office is closed), I saw a $300 pet fine laying on the living room floor.There was no pet in my house at the time. The next day, I went to the office to find out what the deal was. The APM told me, with an attitude, that she and the MM saw a cat in my window earlier the previous morning. I asked her why didn't she say something to me about when they came in and checked the smoke detectors. All she could say was "I saw a cat in your window. The MM saw it too" I asked her if it was in front of behind my blinds(since they had been closed and there was also a tree in front of the window, making it impossible to see anything in my window) and she couldn't tell me. I knew she didn't see anything in my window because I had candles in my window and if anything had gotten up there, all of my stuff would have been on the floor. So anyway, the violation notice read that I had to have the cat out or else I will be evicted. All of this happened back in September of 2007. Many months passed and I heard no word from the APM, then out of the blue, I get a note saying that I owe them for a pet fine. I figure, if she was so sure that I had a cat in my room, why didn't she just evict me? So I wrote a letter stating that she did not have substantial evidence that a cat was in my window so unless she can travel back in time and get some, then she isn't getting that money. I tried to talk to the head Property Manager about it but she said that she didn't know anything about it. She redirected me to the APM with the attitude.More months passed and now it's April. Once again, someone barges into my place without prior notice. This time it was the head Property Manager and the MM checking windows. The PM came in with a camera and took a picture of my cat which was not seen the first time they barged into my house. The PM came upstairs to my room and gave me yet another fine which I paid. They told me that I now owe then $600 for the two pet fines. I only paid for the one there was evidence for. My question is do I have a case against them because I really want to take them to court and get my money back from rent and the fine paid because they violated Florida law by barging into my house without sufficent prior notice.
Florida Law states that notice of entry must be 12 hours prior. Section 83.53(2), F.S.
Once you agree to rent a dwelling, your right to possession is much the same as if you owned it. The landlord however, can enter at reasonable times with proper notice to inspect, make necessary or agreed repairs, decorations, alterations or improvements, supply agreed services or show it to a prospective or actual purchaser, tenant, mortgagee, worker or contractor.
The landlord may also enter at any time when:
The tenant has given consent;
In an emergency;
The tenant unreasonably withholds consent; and/or,
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.
The apartment complex's right of entry states: "If tenant is present. Landlord or any serviceman designated by Lanlord may enter the Apartment during reasonable times for any reasonable business purpose. If the tenant is not present, Lanlord or any such serviceman may enter the Apartment by key at reasonable times for the purpose of repairs, extermination, emergency, Inspections(safety, fire, maintenance, or routine apartment inspection), leaving notices, and showing the Apartment to prospective Tenant within 30 days prior to the expiration of the Lease Term. During an emergency, Landlord, or Landlord's respresentative may forcibly enter the Apartment. Nothing contained herein shall obligate Landlord under any circumstances to enter or inspect the Apartment."
