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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 15760
Experience:  Licensed General Practice Attorney, Texas
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I have a lease agreement till the end of July of 2016, can

Customer Question

I have a lease agreement till the end of July of 2016, can the owner show the house while we are leaving there?
We leave in Hollywood FL
Please advise
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 9 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Yes, the landlord can do this. Section 83.53, Florida Statutes (Landlord and Tenant), provides that tenants shall not unreasonably withhold consent to the landlord to enter the dwelling for reasons including, but not limited to, making repairs as well as exhibiting the unit to prospective buyers. A landlord may notify tenants that they must remedy their noncompliance within seven days of receipt of the notice. If they don’t, the landlord has the right to terminate the lease and move for an eviction.

Here's the specific law:

83.53 Landlord’s access to dwelling unit.—

(1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

(2) 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.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacESQ replied 9 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacESQ replied 9 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacESQ replied 9 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacESQ replied 9 months ago.

Hello?

Expert:  ScottyMacESQ replied 9 months ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacESQ replied 9 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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