Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question.
Here's the Florida statute:
83.53 Landlord’s access to dwelling unit.—
Thus, the law is clear that you're only required to give 12 hours notice, and that you have the right to enter the premises WHEN THE TENANT UNREASONABLY WITHHOLDS CONSENT.
You've given the tenant more than enough notice, so if they were to refuse, this statute gives you the "go ahead" to enter.
So if I go and they are not there. Can I call a lock smith to open the door will I be breaking any law??
If you don't have a key, and they lock you out after giving you consent, then you should have the right to enter. HOWEVER, before you get a locksmith, it would be better to call the tenant and ask them to come open the door.
If they refuse then I can call the Sheriff and the locksmith?
Yes, you should be able to do that based on the above statute.
Okay thans for your help.
The best option would likely be to issue the tenant a written statement that reminds them again of your need to enter Wednesday at 9 AM, and then inform that one of the following things needs to occur (1) they need to give you a key to enter (2) someone needs to be there to open the door or (3) that if neither 1 or 2 occur, that you will be forced to have a locksmith open the premises.
That way, you've put them on notice of what you plan to do. Hopefully, you will not have to worry with this issue and they'll cooperate.
It would be best if you had a local attorney write them this letter just to know that you're serious.
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