question

When ever maintenance guys come and do repair work they never leave notice that they were there. is it required in the state of florida for them to let us know they were in the apartment. It makes me uncomfortable that they can come in at any time without me knowing they were there. Espcially since when we first moved in they said that would leave notice.

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tisha3:
When ever maintenance guys come and do repair work they never leave notice that they were there. is it required in the state of florida for them to let us know they were in the apartment. It makes me uncomfortable that they can come in at any time without me knowing they were there. Espcially since when we first moved in they said that would leave notice.<HR></BLOCKQUOTE>

Read your written lease agreement for a clause titled something like "access by landlord". Notice should be given prior to entry into the property. In the event of an emergency, no notice needs to be given to enter but tenants should be notified after that the property was entered to put out a fire, fix a leaking pipe etc.

L is abusing the right of access. By state law, L must give you at least 12 hours notice before making non-emergency repairs. Write L a letter pointing out that L is required by law to give you at least 12 hours notice before entering the apt & instructing L to do so in the future. Send it certified, return receipt. If L continues to send workers in without giving you notice, you get to sue for damages + attorney fees.

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 is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.