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Updated over 7 years ago,
Validity of a Florida Lease
A friend of mine is renting a room in Fort Myers, FL. The lease she signed states that the owner may inspect the rooms at any time and NOT just in an emergency. As I understand this, this clause is a clearly against Florida law; the landlord is required to give reasonable notice of an inspection, and perform that inspection at a reasonable time.
The tenant was playing her keyboard (and using headphones) at 4 am yesterday. Apparently the landlord could hear her banging away at the keys, and sent a text asking her to stop. The tenant did not hear the text (headphones!), so the landlord entered the tenants room at 4 am. I feel confident that any small claims court would see this as a clear violation of privacy and Florida tenant laws.
The tenant now wishes to move out, however the lease is though May 2018, and she is responsible for all rent until that time.
I have advised her to notify the landlord of her intent to move, and to threaten legal action over the unlawful entry if her landlord insists on her paying rent through next year, keeping her security deposit or reporting her to the credit agencies.
My question: if she were to go to small claims court over this, would the entire lease be void because of the illegal clause, or will only that clause be voided? How much of a foot to stand on will she have in the unlikely event that her landlord decides to actually fight her leaving?