Can my landlord come in any time they want?
Updated: Nov 11, 2019
Here's an interesting question - can a landlord come into a rental property at any time? The answer to this question may vary depending on the state where the property is located.
Here in Florida, there are laws regarding landlords entering a property that they have rented out. I frequently find myself turning to the 2019 Florida Statutes, Title VI - Civil Practice and Procedure, Chapter 83 - Landlord and Tenant, Part 2 - Residential Tenancies, from 83.40 through 83.683. You can find the laws for your state by doing a Google search for your state's name followed by the words landlord tenant laws (example: New York landlord tenant laws) - look for a government website (ending .gov) or a state website (ending .state.__.us where the blank would be the two initials for your state, like .state.nj.us if you lived in New Jersey).
In the Florida Statutes, section 83.53 deals with the rules about landlords being able to access a dwelling used as a rental property. Here's what it discusses:
Renters need to allow landlords access for inspecting, making repairs, or showing the property to prospective buyers, tenants, or contractors.
In order to preserve or protect the property, the landlord can enter at any time with reasonable notice to the tenant and at a reasonable time for making repairs. According to the statute, reasonable notice is 12+ hours and a reasonable time is 7:30 am - 8:00 pm.
The landlord can enter the property at any time if the tenant gives consent, in the case of an emergency, if the tenant withholds consent, or if the tenant is away from the property (and hasn't notified the landlord) for 1/2 a month if the rent is paid monthly. However, if the tenant is away for 1/2 a month and has notified the landlord, then the landlord can only enter with the tenant's consent or to protect and preserve the property.
The landlord should not abuse the right of access or use it to harass a tenant.
There will be times that your landlord may need to access the property, but there are rules in place that dictate when they can and under which circumstances!
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