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- #46
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They were served yesterday. Saw the process server affidavit today. After consulting with my attorney we also gave them notice that someone would be by tomorrow to photograph the home on behalf of the owner. They flat out said they won't allow access. Of course I've got all the paperwork from my attorney provided to the photographer/inspector, have spoke to the police to do a civil standby so our agent isn't threatened or harmed, have documentation (read receipts) that they received due notice, etc. But of course they think you can just keep an owner off their property no matter what.
They still say that they won't allow anyone in the house, although Florida Statutes are pretty clear and case law here clearly states 12-hour notice is reasonable. Of course there is also the argument that no notice is needed since we fear they will damage the home and the documentation is for protection/preservation of the premises.
It's all laughable if it wasn't costing money and relationships...and sadly in this case the money is actually more valuable.
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:
I wonder if the house being in bad condition and them thinking they'll be on the hook to make the repairs is why they might have been stalling from the get go?