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legalgems
legalgems, attorney
Category: Landlord-Tenant
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Florida law states a landlord can show the house we are

Customer Question

Florida law states a landlord can show the house we are renting, can a Realtor show the house we are renting without the landlord present?Ariella please read the LAW: When I offered that to Chuck I thought it was fine and I did give a $250., per month rental discount. If we are going to play that way Be advised we will be showing the House on every Tuesday, Thursday and Saturday until it's sold. Be advised those showings will be between the hours of 9AM and 5PM.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.
History.—s. 2, ch. 73-330; s. 5, ch. 87-195; s. 4, ch. 93-255; s. 446, ch. 95-147.
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 4 months ago.

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Expert:  legalgems replied 4 months ago.

Thank you for your patience; per the code, subsection (1), the tenant must allow the landlord (LL) to enter the dwelling unit to exhibit to prospective purchasers, et al.

Under statutory construction if the statute lists a specific right afforded to a specific person, then it is assumed that any unmentioned parties are not included.

However, it also states that the tenant may not unreasonably withhold consent, so if the landlord is willing to accompany the agent, the agent would be allowed, but most courts would not find it unreasonable for a tenant to require the landlord's presence in order to ensure the safety of personal property (for example the agent may allow prospective purchasers to wander around unsupervised whereas presumably the landlord would not)

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 4 months ago.

However, it should also be noted that there is no blanket provision allowing access; please see the relevant section of the statute below - so unless the right is contained in the lease there is no absolute right, since the tenant paid for the exclusive use and possession of the unit:

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.

Also please see this advisory from the state bar:

https://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/e21a25a8c288bed98525740800537588!OpenDocument

specifically:

Rights relating to reasonable inspection are often set forth in a written rental agreement, as well as in Florida law. You have a right to protect your property through inspection, but you must give a reasonable notice of at least 12 hours. You don't have the right to show the property to possible buyers without notice to and agreement of the tenants.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

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(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 4 months ago.
See I am hoping that I can say that the landlord must be present to show with the Realtor, since he has been a real nuisance and still not repaired things from hurricane 5 months ago and in our email we originally agreed on 3 days per month, now that he's talked with a Realtor he's changing his tune to 3 days per week. I thought if I said per law he has to accompany the Realtor he'd change his tune as he lives 5 hours away.
Expert:  legalgems replied 4 months ago.

If the rental agreement specifically states 3 days per month, then they can't change it aribtrarily to 3 days per week per the statute- it requires the tenant's consent to show, either current consent, or consent in a lease.

Customer: replied 4 months ago.
What I'm asking is can I say it is my right that I request the landlord be present when showing the house, that it cannot be shown without him present?
Expert:  legalgems replied 4 months ago.

There is nothing that states the LL must accompany the realtor; but the tenant may make that a condition if they would like, as that would not be deemed unreasonable based on most people's standards; but most importantly, the statute does not give the LL the unilateral authority to show the unit- it must be in the lease, or by consent.

Customer: replied 4 months ago.
Meaning that the Realtor and potential buyer cannot come see house without the landlord.
Expert:  legalgems replied 4 months ago.

There is no case law to this effect that addresses this, which is common since most people will not take the time or money to sue after the lease terminates; so the only guidance is the statute and the statute is based on the fact that the LL must get the tenant's consent; and the tenant can put conditions on their consent, or refuse consent.

Expert:  legalgems replied 4 months ago.

If the lease is silent as to the LL's ability to assign the right to an agent, then the tenant can deny that since under contract interpretation any ambiguity is constructed against the drafter, so if the lease only states the LL may show the unit, the court will construe it strictly so that a third party would not have that right without the LL's presence.

Expert:  legalgems replied 4 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html

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