[catchthemoment]

I live in the state of Florida. I have tenants who rent an apartment. The tenants signed a one year lease, which is due to expire June 30, 2012. The tenants have not paid rent, which includes utilities, for May or as of today, June 12, 2012, their June payment. That is 2 months of rental payments. Communication to them has gone unresponded to. I have tried to contact them via telephone, text (which is always how they contact me), and letter (in them mail and under their door). We sent them 2 notices. One indicating payment is due within 3 business days. The other indicating I will be coming to do an inspection of the property. Do the tenants need to be present for the inspection if I have given them 36 hours noticed PLUS gave them an additional 2 hours after they text me? Because they are delinquent in rent and have violated the lease, can't I enter the premises? Any advice will be greatly appreciated because I know they do not plan on moving without a fight when their lease expires...

[JudyKayTee]

What does the lease say about you entering? Their unpaid rent does not give you license to enter.

I don't understand why you haven't evicted them - or why you aren't evicting them now. Or are you?

I'm a landlord. I don't do the final inspection until they are out, not before, because damage can occur in the move out.

[catchthemoment]

I served them 3 days notice... I have to wait until Thursday to start the eviction notice... I read online that you can enter the premises as long as you give them 24 hours notice. They have additional people living in the house and when I called her to question her on it, she refused to answer my call. The lease indicates it is for 2 people. The electric bill shot up by $78.00 out of the normal $5 range... I asked her about her "extended visitors" after police were called to the rental property. (The neighbors informed me). I want to go in to do an inspection to see who is living in the property... I am paying additional electric costs!

[JudyKayTee]

I served them 3 days notice ... I have to wait until Thursday to start the eviction notice... I read online that you can enter the premises as long as you give them 24 hours notice. They have additional people living in the house and when i called her to question her on it, she refused to answer my call. The lease indicates it is for 2 people. The electric bill shot up by $78.00 out of the normal $5 range... I asked her about her "extended visitors" after police were called to the rental property. (The neighbors informed me). I want to go in to do an inspection to see who is living in the property ..... I am paying additional electric costs!

I'd stay away - they'll be out in two weeks. Go to Small Claims Court and sue for the large electric bill. I am not reading that you can enter a rental property with 24 hour notice in Florida. What does the lease say?

[Fr_Chuck]

What does your lease say about inspections. If you gave them notice that you would enter, you can enter to inspect.

[JudyKayTee]

I don't understand the need to prove there are additional people living there. The lease expires in less than a month. The landlord IS entitled to inspect at the end of the lease. The electric bill is out of control - go to Small Claims Court and see how that plays out.

Otherwise I see landlord inspecting now, trying to "prove" who occupies the dwelling and then inspecting again upon move out.

[AK lawyer]

... I want to go in to do an inspection to see who is living in the property ...

I believe you would be well within your rights to do so.

"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."

When you enter, you should try to find out at least two things:

1. What is the reason for the high electric bill?
2. Who are these people who are apparently living there? If they claim to be sub-lessees from the tenant that is one thing. If they ere mere trespassers, call the police.