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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27186
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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We are tenants in an expensive home on the golf course in

Customer Question

We are tenants in an expensive home on the golf course in Florida. The home was presented to us as golf course property but the golf course has since closed. The owners want to sell the property how much notice before listing is required and how often in a week or months time can they show the property. Are the landlords required to give written notice before each showing? Is the closure of the golf course a reason that we could terminate the lease?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 9 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Customer: replied 9 months ago.
Thank you we just want to be clear on our rights and obligations as tenants under Florida law regarding the home we are renting and the selling and viewing by real estate agents of the home.
Expert:  RealEstateAnswer replied 9 months ago.

I have shared with you below, the Florida Statute which controls and what they must comply with, when showing the rental. Unless the landlords knew that the course would be closing when they rented it to you, it would not be a basis to terminate the lease, although you could try and argue it, if you want to vacate.

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.

Customer: replied 9 months ago.
How often are they permitted to enter the home in a given time period and are they required to give notice on the intent to sell?
Expert:  RealEstateAnswer replied 9 months ago.

They do not have to give you notice if they want to sell. If they have a buyer, the buyer would take over for the remainder of your lease and then could terminate it. As far as how often, it can not disturb your quiet enjoyment of the rental, since that is an implied right that you have. If it did become unreasonable or excessive, then you could have a basis to break the lease if it does not cease.

Expert:  RealEstateAnswer replied 9 months ago.

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Customer: replied 9 months ago.
Do they have to give written notice for each showing and is a text message or email considered written notice?
Expert:  RealEstateAnswer replied 9 months ago.

They need to provide notice and can send it via text or email but it needs to be received by you. If people start showing up and you do not get notice, then there is an issue and they need to start sending it via mail but that may not work, since it could take a few days to arrive and showings happen all the time,

Customer: replied 9 months ago.
Are you still working with me??
Expert:  RealEstateAnswer replied 9 months ago.

Yes, I am. Did you see my response above?

Expert:  RealEstateAnswer replied 9 months ago.

Here it is again....

They need to provide notice and can send it via text or email but it needs to be received by you. If people start showing up and you do not get notice, then there is an issue and they need to start sending it via mail but that may not work, since it could take a few days to arrive and showings happen all the time,

Expert:  RealEstateAnswer replied 9 months ago.

Are you able to see it?

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