Legal Question in Real Estate Law in Florida

Tenant rights regarding personal property and access to dwelling

I moved into a duplex 9 yrs ago. The landlord let me build a shed in the back. They now want to upgrade the windows and paint. My shed blocks the bathroom window. I�ve been told to tear it down. The shed is free-standing and hasn�t caused any damage.

The window project is an upgrade (not a repair). Do I have to tear down my shed so the bathroom window can be upgraded? Workers will need access to the inside of my unit. If I don�t feel that the windows need to be replaced, can I deny access? If I deny access, does the landlord have to get a court order to gain access? They have painted the duplex once in 9 yrs. They painted the shed too. Now they want to paint the unit a different color. Do I have to tear down the shed to allow them to paint the building that�s covered by it? I would consider �tearing the shed down� so their projects can be done, and then put it back up. If I tear it down, can I put it back without consulting them? There is nothing in the lease saying that I can�t put up a shed. Can I do it without their permission? If the lease is renewed, and a �no shed� clause is added, do I have the right to have a wavier on that clause? My lease does not have a renewal clause. Can they refuse to renew the lease?


Asked on 1/18/00, 1:09 am

1 Answer from Attorneys

Randall Reder Randall O. Reder, P.A.

Re: Tenant rights regarding personal property and access to dwelling

You have a lot of questions for which there are

no definite answers. Most of them will depend on the

wording of your lease and all the facts and

circumstances of your particular situation. One

thing is clear though. A person is not required to

continue to rent to you once the term of the lease

has expired.

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Answered on 1/23/00, 11:03 pm


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