Can the property manager enter ourrental without our express consent?

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Can the property manager enter ourrental without our express consent?

As we decided to not to extend our lease on a house, the landlord now keeps coming up with different ways to annoy us. This time we have received an email that some newly appointed “property manager” aka the future tenant (?) will come by with the landlord’s spare keys and take pictures of the rooms (with our valuables in it). We own some high priced computer equipment, guns, and other expensive possessions and really value our privacy. Additionally we trying to protect or 11 month old baby too. Perhaps we are maybe a little too private but such an inspection wasn’t in our lease. Does the new “property manager” have the right by law to enter even if it’s not agreed upon? I would need to know the answer ASAP as this visit is imminent.

Asked on July 8, 2011 under Real Estate Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The landlord or property manager as the landlord's agent has to provide written notice prior to entry.  The notice requirement varies from state to state, but is usually 24 hours.  If the situation had been an emergency, no notice is required for entry by the landlord/property manager.  The landlord's right of entry does not need to be stated in the lease.  What you described does NOT constitute an emergency reason for entry, and therefore, written timely notice is required prior to entry by landlord or property manager.  Tell the property manager no photos until after you move out because you are concerned about security.  The landlord's right of entry does not include taking pictures of your personal property or your baby.

 

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You cannot preclude the landlord or authorized agent to come into your property to show the premises, because you do not own the premises and the fact you are not going to renew the lease requires the landlord to mitigate his damages by showing the property. Otherwise, the landlord could sue you for interference with contractual relations. You could, however, inform the landlord that such individuals cannot come into your apartment without 24 hours notice, especially if the lease is silent on notice requirements for showing the apartment. You should also immediately contact the Florida agency that handles consumer affairs concerning landlord tenant matters and see if it has more information as to specifics of such a visitation provision. The Florida Division of Consumer Services should be able to help you. The landlord as I mentioned can enter your premises at a reasonable time with notice and the landlord can actually (and not surprisingly) can enter at any time if the tenant unreasonably withholds consent.


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