Legal Question in Real Estate Law in Florida
Landlord trying to sell rental; current tenants refuse lockbox
We live in Atlanta; our property is in Florida. We have had renters in there for almost one year - lease expires September 2000. We decided to sell and offered it to them first (90 days prior to lease expiration) knowing they like the house. They declined and are furious at us for wanting to sell. They refused to let the real estate agent in Florida put a lockbox on the door and when she calls to make appointments to show the house they always say it is inconvenient. What are our rights and do they, as renters, have the right to refuse the lockbox? How can we show the house when they are so uncooperative?
1 Answer from Attorneys
Landlords want to sell; tenants won't co-operate.
FACTS: Fla. prop.rented for one year; decided to sell and offered to tenants; they declined and are furious at us for wanting to sell; refuse to let real estate agent put lockbox on door and to show house.
Q. What are our rights and do they, as renters, have the right to refuse the lockbox? How can we show the house when they are so uncooperative?
A. You gave them the right to "peaceful quiet use and enjoyment" of the home. Security is part of that. A lockbox leaves the house open to strangers. Similarily, showings invade their right to quiet use and enjoyment. If you are going to sell, then send them a Notice to Quit/Vacate and get them out of the house. You will have a better chance of selling if it is vacant. A new owner is not going to want to evict a tenant as part of the purchase.
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