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Old 09-09-2002, 06:49 PM
Mistressd
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Landlord showing apartment to prospective tenants


What is the name of your state? Florida

I am currently on a month to month basis and do not have a lease at my apartment. I am moving and I gave my landlord the month's notice that she requested. She has been showing my apartment while I am at home and she told me that "by law" she has the right to show the apartment at any time. Are there any privacy laws protecting tenants in this situation? And does the landlord have to give a certain amount of notice before letting a prospective tenant in to view the apartment?
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Old 09-09-2002, 07:39 PM
ampex
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she should give you 24 hours....but the landlord also has a right not to lose any rent either, so it would be in your best interest to get all or most of your security deposit back to help her get a new tenant to sign a lease fast!

Also all your valuables should either be hidden or moved to your new place.
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Old 09-09-2002, 08:12 PM
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Join Date: Aug 2002
Location: Washington
Posts: 3,486
Florida Statute Title VI, 83.53 states that LL must give you at least 12 hours notice, and that you may not unreasonably withhold consent for LL to exhibit the apt. LL may enter if you have consented to show the place, or if you have unreasonably withheld consent for LL to show the place.

You have properly terminated your month to month lease, so you are not on the hook for next month's rent whether LL rents the place or not.

Mail LL a copy of the statute and tell LL when you are available for showings (days & times) and state that you will require the full 12 hours notice during those times or a $50 viewing fee (for other times or with less notice) before you will consent to allow LL to show the apt. If LL violates the law, call the cops and have LL arrested for trespass. Then be prepared to go to court to try to get your security deposit back when LL withholds you entire deposit for "cleaning and repairs".


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83.53 Landlord's access to dwelling unit.--

(1) 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; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

(2) 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" for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances:

(a) With the consent of the tenant;

(b) In case of emergency;

(c) When the tenant unreasonably withholds consent; or

(d) If 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.

(3) The landlord shall not abuse the right of access nor use it to harass the tenant.
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This post does not constitute legal advice, nor does it create an attorney-client relationship. Postings are based only on the information provided and you should consult an attorney in your area before relying on information contained in this post.
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