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MIAMILAW1127
MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 731
Experience:  Founding Partner at Moises Law, P.A.
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My tenant is refusing my entry to do routine the annual

Customer Question

My tenant is refusing my entry to do routine the annual maintenance to get the heating systems prepared for winter. She is saying I cannot enter the apartment if they are not there and says they can't be there. I gave her a five day notice. She says they have too much valuable things in their apartment and want to be present if someone is in there.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

Patti,

My name is***** is a pleasure to meet you. I look forward to answering your question.

Expert:  MIAMILAW1127 replied 1 year ago.

Your tenant is correct in this situation. Tenants have the right to request that the landlord not enter the property without them being present.

The flip-side is that they cannot unreasonably deny access to the property by not making themselves available, especially when it comes to performing maintenance on the property. Depending on the language inside the lease, this could be a breach of the lease on their part which would entitle you to evict them.

Expert:  MIAMILAW1127 replied 1 year ago.

I tried accepting the request, but it says that your funds have not cleared.

Customer: replied 1 year ago.
The landlord may enter the apartment during reasonable hours to examine the premises to make such repairs and perform such maintenance as it deems necessary. Except for emergencies the landlord shall provide the tenant with at least 24 hours advance notice.g
Expert:  MIAMILAW1127 replied 1 year ago.

Perfect.

So you should try to work with the tenant to gain access to the property, but they cannot unreasonably deny access. If they do, as it seems they are in this instance, you can begin the eviction process.

Expert:  MIAMILAW1127 replied 1 year ago.

Does that answer your question? Do you need any further assistance from me?