Does my landlord really have the right to inspect my apartment every couple months and even fine me for not being there for the inspection?

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Does my landlord really have the right to inspect my apartment every couple months and even fine me for not being there for the inspection?

I’ve been living in my apartment for a little over a month and have recieved a notice that there will be a routine inspection. They even suggest that if my carpet it dirty I need to have it professionally cleaned before the inspection. Also, they said that if I don’t change the appointment and I’m not there when they show up, I will be fined $35.

Asked on October 13, 2012 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is the law in Florida and the statutes:

Section 83.53(1), F.S.
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.

Section 83.53(2), F.S.

    • 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” and “reasonable time are defined as twelve (12) hours prior to the entry and between the hours of 7:30 a.m. and 8:00 p.m.

    The landlord may also enter at any time when:

          • 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.
          • The tenant has given consent;
          • The tenant unreasonably withholds consent; and/or,
          • In an emergency;
    • The landlord shall not abuse the right of access nor use it to harass the tenant.

    I think your situation borders on narassment.  Speak with some one.  Good luck.


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