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Landlord Entry Laws in Florida

Landlords need to get the tenant's consent before entering the unit except for emergencies or if the tenant has left without notice.


Landlords in Florida can't enter their occupied rental units whenever they would like. FL Stat § 83.53 clarifies when a landlord can enter an occupied residential unit and when tenant consent is required.1

For certain common situations, a landlord must get the tenant's consent before entering a unit. These situations are:

  • Inspection of the premises
  • Making necessary or agreed-upon repairs, decorations, alterations, or improvements
  • Supplying agreed services
  • Showing the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

If the landlord needs to enter the unit for any of the above reasons and cannot get the tenant's consent then they can only do so if:

  • The tenant has clearly, unreasonably withheld consent
  • It is an emergency
  • The tenant has been absent from the premises for a period of time equal to one-half the time for periodic rental payments and has not notified the landlord of an intended absence
  • If the entry is required for "the protection or preservation of the premises." The landlord may enter the dwelling unit *at any time for the protection or preservation of the premises.

FL Stat § 83.53 specifies when and how a landlord accesses the unit in order to make repairs. Reasonable time windows for the purpose of repairs are between the hours of 7:30 a.m. and 8:00 p.m. “Reasonable notice” for the purpose of a repair is notice given at least 24 hours prior to the entry.


Sources

[1] FL Stat § 83.53.1

The information provided on this website does not, and is not intended to, constitute legal advice.