Hi - my name is XXXXX XXXXX X'X 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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).