Legal Question in Real Estate Law in Florida

Tenants and Real Esate Agents...

My husband and I have been renting a townhouse in south Florida for the past two years. Our landlord resides in Ohio. During the time that we lived here we've improved the condition of the property significantly, much to the delight of our landlord. For this reason we are on very good terms with him. Now we are going to buy our first home and have notified him of the closing date. He has extended the lease for us so that we can go through closing, and get some remodeling done on his property. We agreed to open the doors to any real estate agents that want to show the house, on the weekends or evenings, but request that they not come into our home while we are not there. Do we have the right to refuse to have a lock box on the door? Do we have the right to keep our home private when we are not in it? The last Agent that came into our home walked in with a lit cigarette! I do not relish the idea of coming home to that smell, or any other problems that may arise. If you have any advise please share it with me. I am very concerned.


Asked on 3/01/01, 6:51 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Tenants and Real Esate Agents...

There are no laws regarding the showing of property while it is being rented. Lock boxes have only come into vogue in South Florida in the last year or two so there is no precedent in any court case of which I am aware of. The lease that you have with your landlord is the governing document regarding the rights of the respective parties. It probably does allow the landlord to show the property during reasonable hours.

If you have a good relationship with the landlord as you said, I suggest that you tell your landlord of your concerns and they can probably be worked out. The landlord probably does not know how the lock box is being used and that the listing agent is not even present when the property is shown.

You may wish to speak with your attorney for your purchase who should be knowledgeable about the laws in Florida regarding real estate. The attorney may even be able to work things out with the brokerage to avoid the necessity of involving the landlord.

Scott R. Jay, Esq., 305-249-8000

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Answered on 4/25/01, 9:55 am
Randall Reder Randall O. Reder, P.A.

Re: Tenants and Real Esate Agents...

No one can give you accurate advice without first

reading the lease agreement. If the lease does not

say anything, then you do not have to allow a lock box.

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Answered on 4/30/01, 7:57 am


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