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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53975
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I have an interested buyer for my mobile home in Inverness,

Customer Question

I have an interested buyer for my mobile home in Inverness, FL. I have a tenant in the home for five years. The buyer would like to walk through the house, but my tenant will not be home until Nov 19 to let us in. I may have a key to the house, but do know if I can enter the property in his absence.
JA: What state is this in? And how old is the mobile home?
Customer: Florida and the mobile home is old. I'll have to look that up and get back to you.
JA: Has anything been filed or reported?
Customer: Not that I know of. Citrus County had a complaint that my tenant violated county codes by putting up a shed. He removed it and has a satisfactory solution.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is there a charge for this advice? To whom are you connecting me?
JA: You just pay a $5 deposit now and the rest only when you get a reply from the lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason. I am Pearl, the lawyer's Assistant.
Customer: How much is the rest?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Richard replied 1 month ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 1 month ago.

Good morning. This is covered specifically by the following Florida statute. As you can see from 2(d) below, you would need the tenant's consent to show to a prospective purchaser.

"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."

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could enter without his consent, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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