I am in the atate of Florida. My landlord has used his key to get into the house thinking no one was home and also shows up without notice. The other morning he came to the house when I was at work and started banging on the door and when my boyfriend didn't answer he went to the bedroom window and started banging on it and yelling. (He knocks now after we approached him about letting himself in). When he answered the door he tried to push my boyfriend out of the doorway to enter the house. We no longer feel safe being there and are worried he enters through property when we are not there.
Your LL is entitled to access to his property, and you have no right to "unreasonably refuse" consent to that access. What is considered "unreasonable" under Florida Law is determined in great part by the reason" the LL gives for seeking access. For example, if a LL can claim it's an "emergency" (i.e, for "preservation of the premises"): he or he can enter at ANY time. If it's to effect "repairs," the LL is supposed to give the tenant "reasonable' notice, typically identified as being 12-24 hours. See section 83.53 Florida Statutes set out below
Not sure what you can do about being "worried" he is in there when your not home (perhaps set up a nanny cam?) as that would likely be an invasion of privacy.
See a good tenants lawyer for a more thorough analysis,
Hope this helps.
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.
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
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