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Please help tenant won't let me show my apartment

Discussion in 'Eviction, Recovery of Premises' started by Nessa25, May 24, 2022.

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  1. Nessa25

    Nessa25 Law Topic Starter New Member

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    Hi everyone I'm having a major issue with the tenant from hell she is refusing to let me show an apartment, I had to threaten her with taking her to court and then a week later she agreed she would let me show it on tomorrow, I told her to give me other dates as everyone that wanted to see it, wanted to go on different days so I was trying to get two days scheduled. So that I wouldn't bother get much.

    Well I just texted her the time that I would be there to show the condo to someone and she basically said oh I thought you weren't going to bring anyone so I decided to work overtime tomorrow!! She says she will be available on May 31! and who knows what excuse she will use then to not let me in..she's doing this on purpose

    Im so angry right now because she is doing this on purpose because I didn't want to renew the lease because she pays late every month. She also removed the carpet from the condo because she said she was allergic to it, so I'm not even sure if she will keep her word and replace it..

    I was good to this tenant she was paying$1250 for a place that was worth $1650 I figured I would be considerate as she was a single mom, but she has screwed me terribly, and I've kept renewing the lease because she then would beg me to renew but this time I had enough..

    I understand it's illegal for her to keep me from showing the apartment..she feels like she is in control and I'm so upset right now I don't know what to do. As she's moving in a month and I need to get this place rented out
     
  2. army judge

    army judge Super Moderator

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    Stop making this a personal issue.

    It is a BUSINESS issue controlled by your lease and/or Florida law.

    You should thoroughly read the lease that is currently in force.

    Make sure you read the section on notice required before you can show the premises.

    Make sure you obey the time required to ensure you provide your tenant with your agreed upon WRITTEN notice of showing, serve her, and make sure she understands the lease's terms.

    If the lease lacks such language, you should use more tact and diplomacy, rather than bluster and forceful tactics.

    You catch more flies with HONEY rather than vinegar!





    Notice Required to Enter Rental Property in Florida

    Except in cases of emergency, landlords who want to enter rental property in Florida for the above reasons must give tenants 12 hours notice of their intent to enter (unless the tenant agrees to a shorter time), and must enter only at reasonable times (defined as between 7:30am and 8:00 pm).
    ...



    Landlord’s Right to Enter Rental Property in Florida


    ....
    When Landlords May Enter a Rental Unit in Florida
    Tenants have a basic right to privacy in their rental homes. That doesn't mean that landlords always need an invitation to enter. Under Florida state law (Fla. Stat. Ann. § 83.53), landlords can enter rented premise in the following circumstances:

    * in case of emergency, such as a fire or serious water leak
    * to make needed inspections and repairs
    *pursuant to a court order
    * if the landlord has reasonable cause to believe the tenant has abandoned the premises
    when reasonably necessary during a tenant's extended absence, defined as one-half the time for periodic rental payments, given that that the tenant did not notify the landlord of the absence,

    or

    * to show the property to prospective new tenants, purchasers or contractors.












    A landlord can't show the property without the tenant's permission.

    This means that if you are at work or church or even on vacation, the landlord will need to work around your schedule.

    The tenant does need to cooperate with the landlord and not unreasonably withhold her/his consent.



    If your landlord is selling the home you happen to be renting, there is a reasonable notice that must be given before he or she enters your home. Your lease will tell you how much notice is required. Most lease agreements require landlords to give their tenants at least 24 hours notice. As a tenant, you cannot deny access to your landlord if he/she wants to show your property to potential buyers. However, you can require that written notice is provided to be before the landlord enters the property. Your lease might indicate that more notice is required, but most rental agreements have a clause with the 24-hour requirement.

    While it can often be awkward to have your landlord in your home, especially with potential buyers, it is a good idea to make the property available.

    Before you grant or refuse access, READ and UNDERSTAND the terms in YOUR lease.

    The lease you signed probably allows your landlord to come into the property when necessary.

    Even though you live in the house, it still belongs to someone else, and you have to make reasonable accommodations.

    If you are willing to work with your landlord and allow him to come into your home when he needs to, he will likely be more willing to work around your schedule and visit the property at a time that is convenient for you.

    If you are worried your landlord has violated your lease, talk to a lawyer knowledgeable in landlord/tenant law.

    This article is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence.

    For more information on our services, please visit our website at:

    Can a Tenant Deny Access to a Landlord to Show a Property For Sale in FL? ...
     
    justblue likes this.
  3. Zigner

    Zigner Well-Known Member

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    Why do you feel you need her "permission"?

    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 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.
    (3) The landlord shall not abuse the right of access nor use it to harass the tenant.

    Statutes & Constitution :View Statutes : Online Sunshine
     
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  4. adjusterjack

    adjusterjack Super Moderator

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    Not exactly.

    Here's the statute:

    Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)

    1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to ... exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

    You think she's being unreasonable, she thinks she's being reasonable. Take her to court. She'll be gone by the time you get a hearing.

    Meantime, she's got a right not to have strangers traipsing through her apartment that she's paying rent for, until a judge says otherwise.

    I suggest that you'd be better off waiting until she's out, do the cleaning and repairing, and then advertise it.
     
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  5. Nessa25

    Nessa25 Law Topic Starter New Member

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    I understand however I've been trying to work with this woman and she is refusing to let me show the condo..

    I've been nice, I've tried every which way and she doesn't allow me to show it..
     
  6. Zigner

    Zigner Well-Known Member

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    Looking at the rest of the statute, it gives the LL the authority to enter the unit if consent is unreasonably withheld. That means that it would be on the tenant to take the LL to court over the matter, not the other way around.
     
  7. Zigner

    Zigner Well-Known Member

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    I don't understand the reason for this post. You can choose to either "work with" your tenant, or exercise your statutory right to enter the unit with proper notice if she is unreasonably withholding consent.

    You may wish to consult with a local attorney who can advise if the withholding of consent by the tenant would be considered "unreasonable" in the local courts.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    Can't say as I blame her. I had 3 rentals for 20 years and never once showed a property while the tenant was in residence.

    Having a right to do something doesn't necessarily mean it's the right thing to do.

    I think the laws should be changed to prohibit showing properties to prospective tenants or buyers while the tenant is in residence.

    Three choices.

    1 - Wait until she's out.
    2 - Take her to court.
    3 - Financial incentive. Cash or rent abatement.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    In theory.

    In practice, however, all the tenant needs to do is bar the door or change the lock, and it's back to the LL to start court proceedings.

    Call the police, you say?

    You know darn well, in reality, the police will punt and go away, if they show up at all.
     
  10. Zigner

    Zigner Well-Known Member

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    While she's at work?
    Locksmith.
     
  11. Zigner

    Zigner Well-Known Member

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    I didn't see that you had posted this prior to your reply to my post. I should have answered this first.

    I agree with what you say here. The LL shouldn't show the unit while it's still occupied. In addition to the inconvenience it causes the tenant, it can also cause problems if something unexpected causes the new tenant to not be able to take possession of the unit as planned. Sure, issues can crop up even if the unit is unoccupied when shown, but the possibilities for unexpected problems increase considerably if there is still a tenant there.
     

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