I have been renting the property for 6 years. The landlord is selling and offered to sell to me, but I do not want to buy. Are there any restrictions that I can place on my landlord for access to the property? Is she allowed to call me at any time although I am at work? Is this cause to give 30 days notice?
Corporate / Incorporation Lawyer
It all depends on the terms of your written lease. Most leases give the owner (landlord) the right to reasonable access to the property for a multitude of purposes, although common law imposes a covenant of "quiet enjoyment" on landlords to not interfere with your right of possession and enjoyment of the premises. It would be very rare to find a lease that was so specific as to list the times that a landlord could enter, or to state the amount of notice that must be given to show a property, but those can be in the lease. if not, the general rule is reasonableness by the landlord in his exercise of his right of entry and inspection.
Florida Statute 83.53 (landlord / tenant) reads as follows:
(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.