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Lucy, Esq.
Lucy, Esq. , Lawyer
Category: Real Estate Law
Satisfied Customers: 26742
Experience:  JA Mentor
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I am aware of Florida Tenant/Landlord laws in regards XXXXX XXXXX

Resolved Question:

I am aware of Florida Tenant/Landlord laws in regards XXXXX XXXXX notice and my tenants not being allowed to forbid me to enter the unit to show it.

But what is their responsibility in keeping unit clena, tidy, etc? If any?

They have a third person staying in this unit, living on the floor in the dining room with a mattress. It's tacky. Very tacky. This is a very expensive unit and they are IMO making it look cheap. Short of allowing me entrance to show the unit, what are they required to do?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 2 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Fl. Stat., Section 83.52 imposes upon a tenant to (among other things):
(1) Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes.(2) Keep that part of the premises which he or she occupies and uses clean and sanitary.(3) Remove from the tenant’s dwelling unit all garbage in a clean and sanitary manner.(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant clean and sanitary and in repair.

Unless there is a local housing code ordinance that limits the number of people who can live in a unit, just having someone sleep in the dining room isn't per se a violation. But they are required to keep the premises clean and sanitary.

If the lease is only for two people, having a third person live in the property without consent is a violation of the lease, and they could be ordered to remove the third party for that reason. Look to see if the lease says they need consent to have others live there (most form leases do).

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 26742
Experience: JA Mentor
Lucy, Esq. and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 2 years ago.

Hey Lucy. Didn't get a chance to follow-up with this question.


If the lease does not specify that a third tenant is allowed to live there, what are the typical rules? Can a third person have tenancy in a unit without having been approved to live there by the landlord (me)? My lease is with two individuals. There is a third living there now 'temporarily', but all of his stuff is there. I am listing the house for sale this week and can see this being a problem.


The two tenants are good friends with my wife, the third, I don't know. Just want to cover my butt in event I run into issues and need to address him being there.


If it were a violation of the least and it came down to it, can someone be evicted for that (the tenants)? I have to give them a certain amount of time to cure the issue, if they do not, I can evict them without actually going through the lengthy motions for eviction from failure to pay?



Expert:  Lucy, Esq. replied 2 years ago.
If the lease doesn't place any limitations on guests, or require approval to have a guest for an extended period of time, there wouldn't be a basis for evicting them for having someone stay. If you used a form lease, there is probably language about getting written approval for guests (quite honestly, no one ever does it, but it's in almost every lease I've ever read). If it's something you wrote yourself, then it may not be there.

The process for eviction is the same for either reason. The tenant gets a notice to either comply with the lease and leave. If they stay and don't fix the violation, the landlord has to go to court. There isn't any process for removing the tenant on your own without going to court. A landlord that does that could be sued.
Customer: replied 2 years ago.

Gotcha. Thanks.

I don't know how I missed it, but the lease states in the very beginning, 'Premises shall be occupied by only ### and ### and no one else. I was looking for a section for occupancy and was a little myopic. :)


When does someone sleeping on the couch or, in this case, on the dining floor, no longer constitute a guest? Is there a certain amount of time before he is in direct violation?

Expert:  Lucy, Esq. replied 2 years ago.
That's very common language. Keep looking to see if there's a section about guests. It sometimes says something like "The tenant shall have written permission from the landlord to have an overnight guest more than three days in a one month period" (or something like that). Then, if they've exceeded that number, they're in violation. If it doesn't say, typically, if the person has been there more than a month, a judge would probably agree that he's living there.

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