| Past Issues | Advertise | www.fl-apartments.org | June 2009 |
Landlord's Access to the Apartment
By Rebecca Spinale, Esq. The Law Offices of Lowenhaupt & Sawyers Suzy the savvy resident (you knew she was going to be a problem from the day she moved in!) is in your leasing office screaming at your new leasing agent Bob (its his first day on the job!), telling him that she has changed the locks and that no one is to go into her unit unless she is at home. Suzy, by the way, is a flight attendant who is gone a lot. Your property is going through a rehab and you need to have access to the unit on a regular basis. What are you going to do to get Suzy to cooperate? Without exception, every property has a "savvy Suzy" or a tenant like her that either (1) changes the locks without the permission of the landlord and without providing a key and/or (2) advises the landlord that they are not to enter without the tenant's permission. Uncooperative tenants refusing access is only one of many aggravating situations that landlords have to deal with on a daily basis. So don't let it get to you, because with a little patience (relax, sit back, grab a cup of coffee, and call your attorney!), you will get into that unit! Most lease agreements provide that the tenant may not change the locks or make any alterations to the premises without the landlord's consent. If the tenant does change the locks, the lease usually provides that the tenant must provide a copy of the key to the landlord immediately. If you don't have such a provision in your lease, then you should certainly add this language. However, even if your lease does not address this matter, never fear, because Florida Statute 83.53 provides that the landlord is entitled to access to the apartment unit and that the tenant shall not unreasonably withhold consent to enter the apartment. So when can the landlord enter the apartment? The landlord is entitled to enter upon reasonable notice and at a reasonable time. Reasonable notice means at least 12 hours prior to the time of entry. Reasonable time means between the hours of 7:30 a.m. and 8:00 p.m. Of course, a notice to enter is not necessary in the case of emergency or when you have the consent of the tenant. Certainly, a landlord should try to accommodate reasonable requests by the tenant to reschedule entry into the premises, as there is no reason to unnecessarily antagonize the tenant. However, sometimes this is not possible, and sooner or later, (actually, more likely sooner versus later) you are going to have to deal with a "savvy Suzy" type of tenant who is just not going to cooperate. What should a landlord do when the tenant has changed the locks? If it is an emergency and the tenant is at home and denies you access, call the police, explain the situation and ask them to intercede with the tenant. Do not try to force your way in, as this is bound to end badly. If the tenant is not at home, first try contacting the tenant on the phone and advise him or her that you need immediate access to the unit. If you cannot contact the tenant, break the lock, enter and address the situation. Then, secure the premises by replacing the lock and leave a note on the door and a message on their phone advising the tenant that you had to enter due to an emergency and that they can obtain a key to their apartment by coming to the management office. Be sure to also provide an after hours number that the tenant can call to make arrangements to immediately obtain a copy of the new key to the premises. The tenant must be able to gain access to the apartment. Be sure to use good judgment as to what constitutes an emergency, and if you have any doubt, call and discuss it with your legal counsel! When the landlord requires entry to the apartment but it is not an emergency, then you should post a notice of landlord's intent to enter the premises. Remember, you need to give at least 12 hours notice. If the tenant does not permit entry after receiving this notice, then it is time to serve a Seven Day Notice to Cure due to violation of the lease and Florida law for denying landlord access and/or changing the locks. This is generally very effective in gaining the tenant's immediate attention and will usually resolve the situation quickly. If the tenant continues to be uncooperative after receipt of a Seven Day Notice to Cure, then you will need to terminate the lease with a Seven Day Notice to Vacate. It is very important to keep in mind that you cannot accept rent when you are aware of a noncompliance with the lease. If there is a pending Notice to Cure or Notice to Vacate, do not accept any rent or you have waived the violation. Remember, if the tenant is asking for repairs to the apartment and then denies you access, the tenant cannot later claim that you failed to fulfill your legal obligation to repair the premises within seven days. However, you must be able to show that you attempted to perform the repairs in a timely manner. Be sure to document your attempts to enter the apartment to complete any work orders. Then, serve the tenant with a Seven Day Notice to Cure, followed by a Seven Day Notice to Vacate if he or she continues to deny access to the apartment. So, as the song goes, "Don't worry, be happy" because you will get into "savvy Suzy's" apartment with a little patience. Of course, what you may find when you do gain access to the unit is another story! |
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