Can repair people enter without either landlord or tenant present?
Member since 2023 · 21 posts · 2 votes
In Florida, is it legal for the AC company to enter and perform a system replacement without us (landlords) or tenants present, if we provide access via a neighbor who has a key?
We are out of state and have a very difficult tenant who plays games about access times then complains if the repairs take longer. She usually ends up agreeing to a vendor access time, but she has now stopped replying to my scheduling notices. I already know her not allowing access is a lease violation, but I still need repairs made.
In Florida, is it legal for the AC company to enter and perform a system replacement without us (landlords) or tenants present, if we provide access via a neighbor who has a key?
We are out of state and have a very difficult tenant who plays games about access times then complains if the repairs take longer. She usually ends up agreeing to a vendor access time, but she has now stopped replying to my scheduling notices. I already know her not allowing access is a lease violation, but I still need repairs made.
What does your lease say? If the tenant hasn't given permission and you haven't provided the notice required notice according to the lease I wouldn't allow access. However if you have provided the required notice you should be fine.
However why does a neighbor have the key? Without knowing the neighbor and your relationship to them this could open up some unique liability.
In Florida, is it legal for the AC company to enter and perform a system replacement without us (landlords) or tenants present, if we provide access via a neighbor who has a key?
We are out of state and have a very difficult tenant who plays games about access times then complains if the repairs take longer. She usually ends up agreeing to a vendor access time, but she has now stopped replying to my scheduling notices. I already know her not allowing access is a lease violation, but I still need repairs made.
What does your lease say? If the tenant hasn't given permission and you haven't provided the notice required notice according to the lease I wouldn't allow access. However if you have provided the required notice you should be fine.
However why does a neighbor have the key? Without knowing the neighbor and your relationship to them this could open up some unique liability.
In Florida, is it legal for the AC company to enter and perform a system replacement without us (landlords) or tenants present, if we provide access via a neighbor who has a key?
We are out of state and have a very difficult tenant who plays games about access times then complains if the repairs take longer. She usually ends up agreeing to a vendor access time, but she has now stopped replying to my scheduling notices. I already know her not allowing access is a lease violation, but I still need repairs made.
What does your lease say? If the tenant hasn't given permission and you haven't provided the notice required notice according to the lease I wouldn't allow access. However if you have provided the required notice you should be fine.
However why does a neighbor have the key? Without knowing the neighbor and your relationship to them this could open up some unique liability.
In Florida, is it legal for the AC company to enter and perform a system replacement without us (landlords) or tenants present, if we provide access via a neighbor who has a key?
We are out of state and have a very difficult tenant who plays games about access times then complains if the repairs take longer. She usually ends up agreeing to a vendor access time, but she has now stopped replying to my scheduling notices. I already know her not allowing access is a lease violation, but I still need repairs made.
What does your lease say? If the tenant hasn't given permission and you haven't provided the notice required notice according to the lease I wouldn't allow access. However if you have provided the required notice you should be fine.
However why does a neighbor have the key? Without knowing the neighbor and your relationship to them this could open up some unique liability.
Follow your lease. That is what both parties have agreed to and what you legally can do.
All depends on what your lease states as well as if you gave the required notice accordingly. With my properties, when a maintenance request arises, the property manager will figure out a time that works with the tenant to do the repair, the tenant will then confirm. Usually we give 48hr notice, the lease states 24, but it never hurts to give extra notice. I would talk to the tenant and just tell him or her to give you a time of the week and time window that works, I do this via email so you can have it in writing. If you have the permission, and the required notice as the lease states, you should be alright.
I would be cautious about the neighbor having a key... like @Chris Davidson said...the only people that should have a key is yourself and or property manager, unless maybe your neighbor is your parter etc...
Um, a sturdy lockbox might be a good consideration? You can get them with ability to change the code remotely so you can maintain security. I agree with what has been said already - follow your lease, email to keep things in writing.
Just an FYI, my long term rentals are in A class neighborhoods so my tenants want necessary repairs and I simply ask if I can give their info to the contractor/scheduler (plumber, HVAC, etc). Then, they schedule the time that works for them. Also, if you don't have a PM, you really should being out of state.
Update: apparently I misunderstood and there is no key with neighbors. I thought my husband left one with our realtor/neighbor as a representative of us as property managers. I hope I don't have to fly there but it is what it is.
What to do when tenants stop communicating altogether? I have a full time job and children, mind you. And, a new found respect for landlords! :)
Update: apparently I misunderstood and there is no key with neighbors. I thought my husband left one with our realtor/neighbor as a representative of us as property managers. I hope I don't have to fly there but it is what it is.
What to do when tenants stop communicating altogether? I have a full time job and children, mind you. And, a new found respect for landlords! :)
In Florida, is it legal for the AC company to enter and perform a system replacement without us (landlords) or tenants present, if we provide access via a neighbor who has a key?
We are out of state and have a very difficult tenant who plays games about access times then complains if the repairs take longer. She usually ends up agreeing to a vendor access time, but she has now stopped replying to my scheduling notices. I already know her not allowing access is a lease violation, but I still need repairs made.
What does your lease say? If the tenant hasn't given permission and you haven't provided the notice required notice according to the lease I wouldn't allow access. However if you have provided the required notice you should be fine.
However why does a neighbor have the key? Without knowing the neighbor and your relationship to them this could open up some unique liability.
I know how I would proceed. I would inform her of lease violation and give her the mandatory notice period.
she either abides by the lease or she vacates. Simple. Do not make this complex.
You are the LL. Tenant does not create the policies regarding your property.
I believe you would benefit by having a property manager, ideally one with backbone.
good luck