tenant's rights during home inspection

kymberg · #1 07-23-2005, 02:35 PM

What is the name of your state? Florida

Landlord has finally sold the house I am leasing after two months of renovations and extreme infringements on my privacy and peaceful enjoyment. Things got extremely nasty last week regarding her belief that she had the right to access at any time, but she has finally sold the house and I have my 30 days' notice. The buyer's inspection is scheduled for next Friday and I would prefer that they not move my things about in the process. Do I have any rights in this regard? Thank you in advance.

kymberg

BL · #2 07-23-2005, 04:09 PM

What sort of inspection ?

Did you have a conversation with the new owners as to what exactly they are going to be doing ,and if YOU need to move anything ?

kymberg · #3 07-23-2005, 05:21 PM

This is to be an inspection on behalf of the new buyer. I have had no contact at all with the buyer, only with the seller (my present landlady), with whom I am now on extremely acrimonious terms (this is an extremely bizarre and absurd story in itself!). Basically since she has sold the house I am now to be out by August 22, and she has scheduled the buyer's home inspection for July 29 at 1 p.m. She jsummarily informed me of the date and time and I suppose I am expected to accommodate her, as I have been expected to at every point along the way. I am an extremely private person (and an excellent tenant, I might add) who prefers to keep strangers out of my home to the greatest extent afforded me. I'm assuming I have little choice about allowing the inspection, but I don't want them touching or moving my household items around while I am still paying rent and in compliance with my rental agreement.

Thanks for any wisdom you might have to offer!

longneck · #4 07-23-2005, 08:30 PM

what kind of lease do you haev? verbal, 1-year, month-to-month?

when did you receive your 30 day notice, and what did it say EXACTLY?

how did your landlord inform you of the inspection?

what day is your rent due and how often do you have to pay?

ENASNI · #5 07-23-2005, 08:38 PM

[url]http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/part02.htm&StatuteYear=2003&Title=%2D%3E2003%2D%3EChapter%2083%2D%3EPart%20II[/url]

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.

History.--s. 2, ch. 73-330; s. 5, ch. 87-195; s. 4, ch. 93-255; s. 446, ch. 95-147.

I came I cut and pasted... I left...

kymberg · #6 07-23-2005, 10:53 PM

I have been on month-to-month since Landlady X told me she was putting the house up for sale at the end of May. We had an agreement that I would be out by August 31st or 30 days after the house was sold, whichever was later.

I have been trying not to go into the more sordid details of the situation but they are fairly relevant. I have lived here for two years and our relations have heretofore been cordial. However, since the beginning of June she has had workmen of some sort, herself or her husband here nearly every day doing extensive renovations or other work (including having a new roof put on while I was trying to conduct my business--I work from home). All of this has been completely at her will; she has never once inquired whether anything was convenient for me. I was cooperative with all of the work (although it was really getting to me), but told her on two different occasions that when it came to bringing strangers into my home I needed a day's notice and would prefer a window of 4-7 pm, since my home is also my place of business. I also told her that I was afraid there might be difficulty between us if she could not respect my boundaries.

Last Monday she called at 3 pm and informed me she was bringing people over at 7 pm. I had plans for the evening and told her that would not work, and at any rate I needed her to give me a day's notice. She said she would just have to bring the people in anyway. I told her she could not bring anyone in my home when I was not here. She became obstinate and unerasonable; I told her I could no longer speak with her and hung up. She then left two extremely hostile messages on my voicemail, ordering me never to hang up on her again, as well as informing me that she was bringing the people over at 6 pm on Tuesday and if I did not want her to bring them into the house when I was not home that I had "better be there." I then called a few people and reviewed the Florida statutes to determine my rights.

She showed up on my doorstep at 7 pm without prearrangement, and presented me with a letter demanding that I be out by July 31. I told her she could not do this, that we had a 30-day verbal agreement. She threw up her hands, batted her eyelashes and said, "I don't remember any 30-day verbal agreement." At that point I told her she could talk to my lawyer and I turned to go into my house. She then grabbed the storm door and my arm and attempted to force her way past me into the house. I told her she was way out of line and to get out of my house (I also used the B word). She continued her actions. I once again told her to get out of my house and when she did not I slapped her, hoping to shock her long enough that I could retreat and lock the door. This worked. She then went across the street to my elderly father's home and harassed him. She would not leave until he said "I'm closing the door now" and did so.

Landlady X went home and filed a battery complaint against me. I spoke with the detective twice the next day, who assured me that she had no right to enter my home, that in his opinion I had acted in defense of myself and my home, and any injuries she had suffered (she claimed a broken finger, bruises, mental anguish, etc.) were, in his words, "woe to her." He closed the case and filed no charges.

She brought clients over to view that evening. I had my father and a very large and imposing friend present; she brought her husband. We were polite with one another and it was my impression that we had gone back to our original agreement, which was that I would be out by August 31st. I gave her a letter which contained my statement of Monday's events as well as my suggestions for handling our remaining business in a professional if distant manner until our agreed-upon date of August 31 (although I suspected this might set her off again). Her husband showed the house on Wednesday and I heard nothing from her until Friday 7/22, when she called to say she had left a letter in my mailbox. This letter informed me that the house had been sold and that she had "negotiated on my behalf" with the new clients so that I could stay until August 22. If I am not out by then she will begin eviction proceedings, make claims for her medical bills, pain and suffering, etc. She was also quite firmly of the opinion that she has been the victim in all of this, and that she can come in the house whenever she wishes, since it is her property.

She also informed me that the buyer's home inspection is scheduled for Friday, July 29, at 1 pm. I have an appointment scheduled for that time, but my father can be here. At this point I just want to avoid any further contact with this loon and enjoy peace at home for my remaining time here. The detective assured me I did not have to talk with her and could carry out all communications by mail. I sent her a letter stating I would be out by August 22, I would leave the house clean and the keys where she requested, and gave her the forwarding address to return my $900 deposit (which she has never mentioned).

I would prefer not to have Landlady X or anyone associated with her in my home for the remainder of my tenancy. I doubt that I have the right to deny the buyer's inspection, although it does seem to me that it would be better carried out when there is no longer a tenant living here. I would prefer to "keep the peace" rather than deny the inspection, but I do not want "them" touching or moving my belongings in the process of the inspection. I have found nothing that speaks to this precise issue in the Florida landlord-tenant law or on the Internet.

This is an extremely bizarre situation. My greatest desire at this point is to avoid further conflict and maintain peace in my home, but I will protest if there is continued disregard of my right to privacy and peaceful possession.

Thanks again for any help you might offer!

longneck · #7 07-24-2005, 01:51 PM

you didn't answer one of my questions: what day is your rent due?

kymberg · #8 07-24-2005, 04:34 PM

Oh, sorry. I have been paying the rent on the 10th of the month. I was talking with a lawyer friend this morning who suggested I let her keep my $900 deposit in lieu of August rent, since it is likely that I will have a difficult time getting it back from her. Thanks again, sorry for the long post above.

treese · #9 07-24-2005, 05:21 PM

Does Florida landlord/tenant law allow the Security Deposit to be used as rent?

In many States, that is against the law. If the LL agrees to this plan, get it in writing.

kymberg · #10 07-24-2005, 06:01 PM

My impression was that using the deposit as rent was not legal. When I asked him about that my friend stated that technically it is not, but in view of the circumstances and the likelihood that she would withhold the deposit and I might have to sue her to get it back, that I go ahead and not pay rent for August, let her keep the deposit, and be out before she could bring any proceedings to bear against me. He thought it very unlikely that a judgment would be made against me, given the history. Since my prorated rent for August is only $649, the $900 would more than cover it. At this point I have very mixed feelings about this course of action and am "awaiting more data" before deciding upon it, as I would prefer not to add to the craziness that has already taken place.

longneck · #11 07-24-2005, 07:52 PM

the problem with that course of action is that no one has the complete picture, including you or your lawyer friend. you need to be squeaky clean here. if she doesn't return your deposit, take her to court.

if you withhold rent and the LL takes you to court, then the court may not be as sympathetic towards you if you play games.

was the notice of termination in writing? it should have been written as noted [URL=http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/Sec56.HTM]here[/URL] . since you pay rent on the 15th and the law says that for someone who pays rent on a monthly basis, she only has to give you 15 days notice.

ENASNI · #12 07-24-2005, 08:09 PM

Quote:

Originally Posted by longneck

the problem with that course of action is that no one has the complete picture, including you or your lawyer friend. you need to be squeaky clean here. if she doesn't return your deposit, take her to court.

if you withhold rent and the LL takes you to court, then the court may not be as sympathetic towards you if you play games.

was the notice of termination in writing? it should have been written as noted [URL=http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/Sec56.HTM]here[/URL] . since you pay rent on the 15th and the law says that for someone who pays rent on a monthly basis, she only has to give you 15 days notice.

Nobody said you could use the phrase " cause of action " till you are a SR member..

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