This week’s question follows up last week’s How Can I Give Notice of Entry to Non-Responding Tenant? when the tenant will not respond to the notice. Now what if the tenant refuses entry and is inside and tells you to leave is the question for Ask Landlord Hank. Remember Hank is not an attorney and is not offering legal advice. If you have a question for him please fill out his form below.
Dear Landlord Hank:
In regards to your answer to enter property even if the tenant does not respond: What do you do if the tenant is in the house when you want to enter and they tell you to get out?
If you have given proper notice to the tenant that you will be entering the property (at least 12 hours’ notice, in Florida), the tenant cannot deny the landlord the legal right to enter the property.
Again, in Florida, you’d need to enter during normal hours – 7:30 a.m. to 8:00 p.m. – unless there is an emergency; then you can enter at any time.
Don’t argue with your tenant, but let them know you have the legal right to enter and if the tenant refuses entry, tell them they are in violation of the lease and put a seven-day notice to cure on their door.
Then they have seven days to “fix” the problem. If they still won’t allow access, I’d move on to eviction.
It’s amazing what a legal notice will do to change an unreasonable tenant’s mind (sometimes).
Each week I answer questions from landlords and property managers across the country in my “Dear Landlord Hank” blog in the digital magazine Rental Housing Journal. https://rentalhousingjournal.com/asklandlordhank/
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