[ibeawizard]

:cool: I live in Haines City, Florida (Polk County). I am renting a house/property and the owner has decided to sell it. I told them I didn't want anyone entering the property while I'm not there (at work) and that they could show the house in the evenings or on weekends.

My questions are: What is considered unreasonably withholding consent as explained in the statutes below? Am I being unreasonable by allowing them to show only during the evenings and weekends?


(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 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.

[Fr_Chuck]

You can not demand that you be home, in fact most real estate agents will prefer you NOT BE there. They merely have to give notice that they will be showing the home, normally 24 hour notice but with what you wront it looks like 12 hours is all that is needed is all that is required.

Yes you are being unreasonable and to be honest they don't have to honor that request and have a legal right to show it if they give notice to you.

So it does not matter what you WANT, they can and will show it when they need to at the clients time frame, not yours. You would have the right to be there, sinice they are giving notice

[ibeawizard]

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;
(c) When the tenant unreasonably withholds consent; or

They have my consent when I'm home. That's it. I'll not have people randomly going through my home when I'm not there.

Evenings and weekends does not seem unreasonable to me. And according to the law, as many other sites have stated, my requirement of being present is not unreasonable.

So, you're response did not answer my question.

[excon]

Evenings and weekends does not seem unreasonable to me. And according to the law, as many other sites have stated, my requirement of being present is not unreasonable.

Hello I:

I disagree with my friend, the Padre. In my view, you CAN withhold your consent to enter. If your consent wasn't needed, there would be no mention of notice in your lease or in the law. But, there IS a requirement for notice. That indicates to me that you have the right to refuse - within reason.

What would happen for example if you had a dinner party scheduled for the exact time the agent wanted to come by? Could you tell him no? I think you could. What would happen if on the next night, you happened to have a naked birthday party scheduled at the exact time the agent wanted to come by. Could you refuse him entry? I think you could. Are you required to live a Spartan existence just because your house is for sale? No. You aren't.

I don't believe withholding your consent to evenings and weekends is unreasonable at all.

excon

[LisaB4657]

I can tell you what will be considered unreasonable. It will be whatever a judge happens to feel like on the day that this matter appears in court.

If you get a judge who also happens to be a landlord with tenants who tend to be uncooperative and a bit of a pain in the butt, then the judge is going to decide that you're being unreasonable. If you get a judge who doesn't safely store his valuables in his home or has things in his home that he may be embarrassed for other people to see, then that judge is going to decide that you're not being unreasonable.

Of course, all of this presupposes that your landlord is not going to be able to sell the property because you are withholding your consent to daytime showings, and your landlord is going to sue you for damages.

Why not meet the landlord halfway? If you have things in your home that may be embarrassing, put them away and allow the showings. If you're concerned about your valuables, make a list and take some pictures. Then give a copy of the list and pictures to your landlord and tell him that you'll allow the showings as long as your landlord personally guarantees your valuables.

[Fr_Chuck]

Yes I think that is my and excons difference, I am a landlord, I would merely laugh at a tenant that told me I could not show one of my homes if I was selling it. I would merely give them 24 hours noice and show it, since they are required to funish me a key and can not lock me out.

[froggy7]

Hello i:

I disagree with my friend, the Padre. In my view, you CAN withhold your consent to enter. If your consent wasn't needed, there would be no mention of notice in your lease or in the law. But, there IS a requirement for notice. That indicates to me that you have the right to refuse - within reason.

What would happen for example if you had a dinner party scheduled for the exact time the agent wanted to come by? Could you tell him no? I think you could. What would happen if on the next night, you happened to have a naked birthday party scheduled at the exact time the agent wanted to come by. Could you refuse him entry? I think you could. Are you required to live a Spartan existence just because your house is for sale? No. You aren't.

I don't believe withholding your consent to evenings and weekends is unreasonable at all.

excon

Actually, I would think that if the owner continually gave notice that they would show the spot, and the tenant constantly had an "engagement" at the appointed time, the owner could say "Sorry" and still bring the person through to see the house, and just tell them to ignore the party. No, the tenant is not required to live a Spartan existence. But the tenant also does not have the right to prevent the landlord from showing the house.

Now, to the tenant... I'm not sure that you are going to want to be there when there are people going through your house. They will be opening up all your closets, cabinents, and possibly drawers, commenting on your décor, etc. Do you really want them doing that in front of you? Or would you rather not have to see them doing it, so that when you get back and everything is like you left it, you can at least think that they didn't?