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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33093
Experience:  12+ yrs. of experience including real estate law.
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I am currently have a one year lease on a residential home.

Customer Question

I am currently have a one year lease on a residential home. I do not want anyone going through my home while I am not present. I work during the week and he is trying to bring perspective buyers into my home during my working hours. I told him that the only day this, this week, that I would be available for viewings would be this Sunday for 4 hours. I have personal plans on Saturday. He is telling me that I am being unreasonable and that I am not allowed to restrict him from entering. FL Statute 83.53 states "the tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time for purposes of showing the unit to prospective purchasers. It is considered unreasonable to only allow them to come in on weekends only? What, legally, is considered "unreasonable"?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 10 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

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There is not a single FL case on point defining this...so it is up to the court.

That said, if you look at the law it provides

The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. “Reasonable notice” for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances:

(a) With the consent of the tenant;

(b) In case of emergency;

(c) When the tenant unreasonably withholds consent; or

(d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.

(3) The landlord shall not abuse the right of access nor use it to harass the tenant.

Since it clearly defines hours and time of notice for repairs or emergencies, it is reasonable to assume the legislature intended that the landlords ability to access for other purposes, for example, to show to prospective buyers/renters would not be a favorable (for the landlord0

What you are describing? I would expect the court would rule in your favor if you are allowing access on the weekends

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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