Re: Move-in Mess - Landlord Forum thread 347780

Re: Move-in Mess by MrDan (GA) on August 31, 2016 @16:20

As a Florida landlord, you have several potential mistakes that have occurred.

You removed and discard tenants property without written consent, cataloging the items or taking pictures in case of future disputes. Without written authorization, the landlord could be charged with theft and conversion of the tenants property along with trespassing.

As to the boxes and items, the proper procedure laid out by Florida law is to issue the tenant a 'Seven day notice with opportunity to cure'. Without that notice being issued, the landlord cannot take any future action against the tenant.

As to the house being packed to the ceiling, the landlord has to determine if it is just clutter or meets the states requirement for 'clean and sanitary' in order to issue a 'Seven day notice with opportunity to cure'.

The issue of threatening weather would be address through your lease clause on 'STORM PREPARATION' or an addendum that addresses the tenants responsibility in perpetration of storms.

There is no such thing as giving "24 hour notice that you are doing a safety inspection".

Florida Statutes 83.53 provides that the landlord may enter the rental "with the consent of the tenant"ť for the purposes "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."

FS 83.53 provides that the landlord may enter the rental "upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises."ť Note that this is access for repair only.

An unwarranted entry into a rental by the landlord or others by authorization of the landlord, can have serious repercussions. The landlord can find him/herself being interviewed by the police based on the resident's claim of trespass, theft or worse?

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Re: Move-in Mess by Patty (Florida) on August 31, 2016 @17:58	[ Reply ]

Thank you for your thoughtful reply. Good news is we had written permission to remove the stuff that was taken to the Salvation Army as well as the removal of empty boxes. She even paid the lawn service guy cash in advance for helping. I have several emails from her thanking us for our help while she was out of town. The question is what's left inside and out. I've given her written, friendly notice about the potential fire hazard inside and the remaining mess outside, all be it not a legal 7 day notice to cure yet. Thought I'd give her until Monday next week and see what progress she has made before I went all legal on her. I would NEVER access a rental without permission for any reason unless it was an emergency. I don't believe access will be an issue as she still needs help learning proper operation of equipment. It's a high end home and some equipment can be complicated. I'll keep an eye out to make sure she's not a hoarder. The outdoor space is easy from a legal standpoint. Both covered in house rules addendum and hurricane policies & procedures. Again, I would NEVER throw out anything without written permission. My concern is the interior and when it become a health and safety issue or my just being picky???? Boxes are not to the ceiling, but they are EVERYWHERE including on a ceramic cooktop and blocking doorways and passageways. I really can't find anything specific in the Florida or local building ordinance or code. All rather vague as to this issue. More about doors, windows and roofs.

Re: Move-in Mess by Garry on August 31, 2016 @21:43	[ Reply ]

I think you need to slow up a little on your ideas about health and safety issues. I agree that flammable items should not be on the stove. And I also agree the yard should stay looking nice so neighbors don't complain. But if she just moved in , and has other problems in her life to deal with, 2-3 months of "boxes everywhere" inside, is, in my opinion, a reasonable time frame to get the place looking "normal". Heck, I've even seen a couple of tenants years ago, still living out of boxes 6-8 months after they moved in. Remember, nobody is going to live the way you think they ought to. Wait til after Halloween, and ask to do an inspection of the property then. Then, if need be, point out the fire and health hazards to her orally, not in a written notice to clean it up in a short time frame.

Re: Move-in Mess by Patty (Florida) on September 1, 2016 @20:32	[ Reply ]

Good advice. My gut was telling me to lay back for a while. Glad to have a second opinion. Worst case, she lives out of her boxes and lease will not be renewed. Hopefully she will exhibit some responsibility and get the outside cleaned up and get settled. She can do what she want with her stuff inside. It IS frustrating to get sloppy tenants in a lovely home, but hopefully things will change.

Re: Move-in Mess by Anonymous on September 1, 2016 @09:14	[ Reply ]

"(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."

Re: Move-in Mess by Patty (Florida) on September 1, 2016 @20:34	[ Reply ]

Thank you. I'm not so concerned with access as I am with my rights as a landlord to dictate the the interior condition as it relates to "boxes" and "stuff." I think it's a fine line????

Re: Move-in Mess by Garry on September 1, 2016 @22:24	[ Reply ]

It's NOT a fine line. My take on your posts are that you have a VERY NICE home, and you have VERY HIGH expectations of your tenants. There's nothing wrong with that-----BUT---A LL cannot dictate how a person lives inside of a place they are paying rent on, unless it involves health and safety, or damages to the home. Are you going to ask to be let in every month and go thru-out the home to see how they are living? That would be harassment. Any judge will tell you that "boxes" and "stuff" all over the place within the first 3 months of move-in is perfectly NORMAL. Give your NEW tenants a break, before something BAD happens to your currently GOOD relationship with each other.

Re: Move-in Mess