Legal Question in Real Estate Law in Florida

Illegal Entering?

After reading the state statute 83.47-83.53, it is my understading that a landlord may not enter my premises without 12 hours prior notice or in case of an emergency. My lease states otherwise. It states that they he or workmen may enter my premise at anytime. No mention of prior authorization. In the same paragraph, it does state for ''protection and preservation of the premise''. I'm confused. I was told that the lease supercedes the state statue. Is this true? He has entered my apartment several times with my consent, to install locks, take an extra door out of my closet that I needed, and he gave it to another tenant, to ''drop off'', a part for my toilet, and the list goes on. I feel very violated, what can I do? Does the lease supercede the statute?


Asked on 6/09/01, 8:47 am

1 Answer from Attorneys
Wendell Finner Wendell Finner, P.A.

Re: Landlord access to rented premises

Under Florida Statute section 83.47 a provision in a lease which narrows the tenant's statutory rights is void. Tenant's remedies include (1) telling the landlord, in a certified letter, to stop the illegal conduct (often quite effective); (2) telling the landlord in writing that the tenant will terminate the lease if the illegal conduct doesn't stop in 7 days; or (3) suing for an injunction against the illegal entry.

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Answered on 6/28/01, 2:54 pm


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