right to privacy, entry into home by realtors, and quiet enjoyment?

[Anwerseeker]

What is the name of your state? FL
Hi, thanks for the help, I have a 1 yr lease, my landlord decided to sell and begin his process a few months before lease termination. I am responsible till July 30 under the lease. On my lease there is no early break clause, or any definition of entry to property for the sale except for that landlord or representative has to be allowed access to property for prospective clients to buy or rent. I have been allowing the realtors to visit the property already but starting to feel like they are too much and no considerations are being given to use by the other side for opening our house to strangers to be all over our personal property. Plus I am not always been able to move my schedule to accommodate the request and have cancelled a few because I can be home to monitor. I understand I can't be asked to leave the property for a showing but am I obligated to let them in when I'm not in the property or at random times. What is considered appropriate on visits allowed per day/week? There is no ability to negotiate with landlord for early release because he is set on my financial commitment to the lease. is quiet enjoyment something I can use enact? I have found a possible rental to move to, but can't pay for both at the same time, landlord did not approved to an early release and is also demanding more visits to property and at more times than I have initially agreed to. I am currently requiring 24 hrs notice with a two hour (4-6pm) window for the appointments. If I cancelled request to show that I can't be there for it that going to let them then kick me out? there is 1 or 2 days of the week that I am usually home every time... can I make it to only be those days for those amount of times it be available? I am a hard working professional, with no issues during my tenancy of just 7 months... into my 1 yr lease, pay on time and have never received any notice of any faults by a strict HOA. My house is maintained meticulously, clean and organized. I have a monitored alarm also. Hope this help, I am literally trying to avoid a possible legal battle but realistically don't understand what rights or controls I have, and the law is not so clearly defined in FL. Almost considered a Landlord protection state... any help is appreciated, or a reference or statute I can use to learn about this, I have already read thru FL statutes IV for CIVIL PRACTICE AND PROCEDURE, under RESIDENTIAL TENANCIES Ch 83.40 thru 83.683 and can't find no clearly defined lines for us to follow or request our privacy for the rest of our lease term. I tried to fill out as much information as I can... Thanks all.

 

[reenzz]

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.

 

[Anwerseeker]

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.

Thanks for the quick reply, Yeah this one is kind of the closest thing I find that fits my needs, but defining on line 1, "unreasonably" is so subjective. I am not against showing the property but can't continue at the pace they desire to show it. I feel they may say that my inability to show the house at free will may have caused them not to be able to sell it. I am torn in between the two, I do want to be gone as fast as possible which would be if he sells it, but at the same time I'm being provided no reasonable understanding of the right of use or protection of my privacy... I may ultimately end up finding a another location and slowly start to move within my lease terms but that is a bigger financial strain that may require more work hours for me to afford... I am also willing to that just not to deal with this issue, but feel that this should not be my only available option... on section 3 he shall not abuse this right, but what would that be defined as? don't know if some one has had this issue before and has been given boundary lines by a higher authority... the best would be for us to meet in the middle and cancel out half way but that has not been a viable option to the landlords financial wishes... and seemed to be willing to play it out, but I don't think I can go 4 months of showings on the house and normal routine... as per this he could have signed my lease and immediately go on the market to sell and for the next 12 months he is showing the house, within the rights given again on line 1.

 

[adjusterjack]

The only way you are going to find out what's reasonable is to push back as hard as you can, in writing, limiting access to when you are comfortable.

I would certainly not allow anybody in the house while I wasn't home and would dog the footsteps of whoever came in while I was there.

What happens to anybody else is irrelevant. It's up to you to draw the line and be prepared for a fight if necessary.

The landlord and the realtor will walk all over you if you let them.

 

[LdiJ]

The only way you are going to find out what's reasonable is to push back as hard as you can, in writing, limiting access to when you are comfortable.

I would certainly not allow anybody in the house while I wasn't home and would dog the footsteps of whoever came in while I was there.

What happens to anybody else is irrelevant. It's up to you to draw the line and be prepared for a fight if necessary.

The landlord and the realtor will walk all over you if you let them.

I sure as heck agree with the bolded.