| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Florida?
In Florida, the landlord has a right to enter a rental property for the following reasons:
- Inspecting the property.
- Improvements (including decorations).
- Maintenance and repairs.
- Showing the property to potential renters and buyers.
- Emergencies.
Can a Landlord Enter Without Permission in Florida?
Florida landlords can legally enter a rental property without permission to protect the property (e.g., in emergencies). They can also enter when the renter is absent more than half of a payment period (e.g., 15+ days with month-to-month rentals), unless rent is current and there’s notice of absence.
Can a Landlord Enter Without the Tenant Present in Florida?
Florida landlords can legally enter a rental property without the tenant present.
Can a Landlord Show a House While Occupied in Florida?
Florida landlords can show an occupied house. The renter can’t unreasonably refuse.
How Often Can Landlords Conduct Routine Inspections in Florida?
Florida landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Florida?
Florida landlords must provide 24 hours of notice before entering to conduct repairs. The law doesn’t specify proper notice when it comes to other reasons for entry, but the 24-hour standard is reasonable in most cases.
Can a Landlord Enter Without Notice in Florida?
Florida landlords can technically enter without notice for any legal purpose, except making repairs (and even for repairs, when the tenant is away more than half a rental payment period). Practically speaking, though, the tenant might claim harassment if the landlord enters without notice for a non-emergency reason.
How Can Landlords Notify Tenants of an Intention To Enter in Florida?
Florida landlords can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Florida?
Florida tenants can refuse entry for the following reasons:
- The request isn’t reasonable (e.g., not for inspection/improvement/exhibition).
- The entry is for repairs and the notice (24 hours) or time (7:30 AM-8:00 PM) requirements weren’t respected.
A tenant can’t unreasonably refuse a landlord’s entry when one of the following circumstances apply:
- It’s for inspection.
- It’s for agreed or necessary maintenance, decoration, alteration, or improvements.
- It’s for showing the property.
- There’s an emergency.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Florida?
Florida landlords might do any of the following if a tenant illegally refuses entry:
- Get a court order to force access.
- Deliver a written 7-day notice to comply.
- Cancel the rental agreement.
- Recover court costs and attorney fees from the tenant.
- Recover cost of any actual damages.
Can a Tenant Change the Locks Without Permission in Florida?
Florida tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s recommended that tenants provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in Florida?
Florida tenants have the following options if the landlord enters illegally:
- Get a court order to ban the landlord from entering.
- Deliver a written 7-day notice to cease or cancel the rental agreement.
- Recover court costs and attorney fees from the landlord.
- Recover cost of any actual damages.
Sources
- 1 Fla. Stat. § 83.53(1) (2022)
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“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.”
Source Link - 2 Fla. Stat. § 83.53(2) & (3) (2022)
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“(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 24 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.”
Source Link - 3 Fla. Stat. § 83.54 (2022)
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“Any right or duty declared in this part is enforceable by civil action. A right or duty enforced by civil action under this section does not preclude prosecution for a criminal offense related to the lease or leased property.”
Source Link - 4 Fla. Stat. § 83.56(2)(b) (2022)
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“If such noncompliance is of a nature that the tenant should be given an opportunity to cure it, deliver a written notice to the tenant specifying the noncompliance, including a notice that, if the noncompliance is not corrected within 7 days from the date that the written notice is delivered, the landlord shall terminate the rental agreement by reason thereof.”
Source Link - 5 Fla. Stat. § 83.48 (2022)
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“In any civil action brought to enforce the provisions of the rental agreement or this part, the party in whose favor a judgment or decree has been rendered may recover reasonable attorney fees and court costs from the nonprevailing party. The right to attorney fees in this section may not be waived in a lease agreement. However, attorney fees may not be awarded under this section in a claim for personal injury damages based on a breach of duty under s. 83.51.”
Source Link - 6 Fla. Stat. § 83.55 (2022)
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“If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part, the aggrieved party may recover the damages caused by the noncompliance.”
Source Link - 7 Fla. Stat. § 83.56(1) (2022)
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“If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement.”
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