Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I am renting a house (Tampa, FL) for the third year already…

Customer Question
I am renting a house...
I am renting a house (Tampa, FL) for the third year already and 5 months before the lease is up the owner place a sign "for sale by owner" (without my consent) which made people knock on the door whenever and asking questions.... It will seem logical to me that such a sign should be placed only 2-3 months prior to the end of the lease. Anyway, I have a legal staff in my company and I would like to challenge them with some court decision that states that such a sign is an invitation for people knocking on the door and should have been done wit my approval and only 2-3 months before the lease is up. Am I obligated to show the house more than 2 times a month and can I be present during the showing? Can I express my opinion about the house to any potential buyer?

Please only a court decision that favors my rights as a renter and not a general law as I am already familiar with it.
Submitted: 6 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 37 minutes by:
2/26/2012
Lawyer: David L, Attorney replied 6 years ago
David L
David L, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3,255
Experience: Attorney licensed in multiple jurisdictions since 1997.
Verified

David L :

Hello. I will take a shot at this question. If you are not happy with my response, feel free to let me know, and I will opt out and open it up to other experts. I am a Florida licensed and practicing attorney. Your issue is governed by Florida Statutes, Section 83.53. I assume you know that, but I will reproduce it here just in case:

David L :

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.
David L :

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.
David L :

So... it's pretty clear that there are two competing interests the statute is trying to address - the tenant's right to quiet enjoyment vs. the landlord's right to reasonable access.

David L :

I did some legal research and didn't find any cases similar to what you asked for. There are no specific cases interpreting 83.53. Here is my opinion in your case.

David L :

The landlord has the clear right to reasonable access to show the premises, even five months out from the end of the lease. However, you have the competing right of quiet enjoyment. Having said that, I would say the sign in the window is ok, but is should state clearly that the tenant should not be bothered and the landlord should be contacted by calling a provided phone number. Also, you have no responsibility to answer the door. You also have no responsibility to answer questions or to show the premises - those are all responsibilities of the landlord. You also have the right to be there for any showing and to be provided reasonable notice of same. I don't think you can limit showings to twice per month. I also think you are putting yourself in a potentially precarious position if you give your opinions to potential buyers.

David L :

Feel free to follow up and we can discuss further.

JACUSTOMER-zhorl3w2- : Thanks. I wish you could find me a case where he abused his rights or a case where the judge thought that five months is too much
David L :

I did look for cases, but nothing out there that would help you. Let me know if I can help you further.

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask David L Your Own Question
David L
David L
David L, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3,255
3,255 Satisfied Customers
Experience: Attorney licensed in multiple jurisdictions since 1997.

David L is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
At the end of our lease our apartment told us we must leave
at the end of our lease our apartment told us we must leave due to them remodeling. we did and returned the keys. we asked for a final walk through and they said it was not necessary. one month later … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
463 satisfied customers
I filed my answer on Feb 13, 2018!!! So I will need to ask
I filed my answer on Feb 13, 2018!!! So I will need to ask the judge if he will allow me to amend my answer?… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I am trying to move from my apartment. I gave 60 days
I am trying to move from my apartment. I gave 60 days notice, but signed a document stating I agreed to provide 90 days notice. After speaking with the apartment company, I was informed that I have to… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
463 satisfied customers
About 8 months ago I signed a year residential lease with an
Hello, about 8 months ago I signed a year long residential lease with an extension which is actually written as an addendum to the the original lease stating a new one year lease will commence once th… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I am in the process of moving out of my current rental unit.
I am in the process of moving out of my current rental unit. What are my rights regarding landlord access to show the unit to potential renters. I'd prefer not not allow access due to possible theft a… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,443 satisfied customers
If an elderly man or woman has written documentation from a
If an elderly man or woman has written documentation from a doctor that allows said person to keep a pet despite the landlord having the right to say who can or can't have a pet would that elderly per… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I have a rental property but the tenants have not pay the
I have a rental property but the tenants have not pay the rent in 2 moths we do not have a lease ??? what are my rights … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,176 satisfied customers
I am in a Lease with option to buy. Who is responsible for
I am in a Lease with option to buy. Who is responsible for major repairs? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I bought a house from my son on a quick deed. Now after all
I bought a house from my son on a quick deed. Now after all the money was paid and more, He refuses to leave unless I give him 5000.00 more. I told him no. He has his animals there and still refuses t… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,811 satisfied customers
I signed a lease @ my MHC and I just got a written notice
I signed a lease @ my MHC and I just got a written notice that they are raising my home rent (not the lot rent) $20.00. Can they do that? … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
How does the property manager have to respond to the
How long does the property manager have to respond to the certified letter stating that there were unwarranted deductions from the rental deposit?… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,023 satisfied customers
Even though i paid the rent and late fee i got an email that
even though i paid the rent and late fee i got an email that had the subject heading "I am refunding your monies today. start packing"no body to the email. from my landlord.Before the first he told me… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm not sure if you are the type of lawyer that I require...
good Afternoon... I'm not sure if you are the type of lawyer that I require... I have been refused by a landlord to a mobile home park to buy a property that is presently owned by a friend. They have … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I've been living with someone in a upper level of a house
Hi my name is*****'ve been living with someone in a upper level of a house and she's started becoming very verbally abusive to me, as well as I signed the lease under the agreement to have my kitten t… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,443 satisfied customers
We bought a home before our lease was out. The landlord
we bought a home before our lease was out. The landlord refuses to give the security deposit back and even with held our last months rent from the beginning of the lease even though we paid for the la… read more
LegalGems
LegalGems
Juris Doctorate
12,238 satisfied customers
My niece and I are renting an apt and my friends needs a
My niece and I are renting an apt and my friends needs a place to live they denied him because of his credit and mine was just as bad my niece and I have lived here 6 months and paid a high deposit wh… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,443 satisfied customers
A friend who is an attorney, helped me in a lawsuit with my
A friend who is an attorney, helped me in a lawsuit with my landlord who was allowing another tenant to harass me. I had no money to hire anyone, and my friend offered. The problem with the landlord s… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,855 satisfied customers
My landlord wants to come and replace the old smoke
second opinion] My landlord wants to come and replace the old smoke detectors tomorrow. I don't want him in my home. He has already stated that he is filing for eviction. So what's the point? I feel t… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,443 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x