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Old 02-23-2009, 08:38 AM
 
1 posts, read 5,359 times
Reputation: 10

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I have looked up the standard Florida Residential Rental Lease online, and it is the same lease that I signed when moving into my place.

My landlord asked me to help with showings, originally a non-issue, but now it has crossed a line into being an aspect I have to plan my work and personal life around.

All I found in the Standard Florida Lease was:

"Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this lease."

If this is true, than would I no longer be obligated to show the place starting 45 days out from the end of the lease? What are the tenants rights in this situation??

Thanks!!
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Old 02-23-2009, 10:37 AM
 
1,023 posts, read 3,335,531 times
Reputation: 273
It appears by that sentence that you would be obligated, but ONLY 45 days or less from the termination of your lease. However, in this market, I would try to work something out with your landlord. I've seen many a story on the news about tenants getting booted b/c a landlord goes into foreclosure. There is probably very good reason they are selling in this market. However, you are entitled to live comfortably. So, perhaps ask them if they could work it out with the realtor that you need a minimum of 24 hour notice or by appointment only type thing, where they have to schedule with you.
You could also ask them if you could give them notice that you'll be moving b/c the original terms of your lease did not include showing a property regularly, and you assumed you would be living somewhere undisturbed.
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Old 03-06-2009, 10:43 PM
 
717 posts, read 2,802,353 times
Reputation: 445
Quote:
Originally Posted by Nolegirl0206 View Post
I have looked up the standard Florida Residential Rental Lease online, and it is the same lease that I signed when moving into my place.

My landlord asked me to help with showings, originally a non-issue, but now it has crossed a line into being an aspect I have to plan my work and personal life around.

All I found in the Standard Florida Lease was:

"Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this lease."

If this is true, than would I no longer be obligated to show the place starting 45 days out from the end of the lease? What are the tenants rights in this situation??

Thanks!!
As a tenant you are not responsible for showing your landlord's property to either prospective buyers or prospective tenants. Showing the property is the responsibility of the owner or his agent--meaning a property management company or any other person the landlord designates for this purpose. He cannot designate or force you to do this. If you do agree to do it for him, you would become his agent and you would be entitled to compensation for such if you so desire. Your landlord should not have even put a sign up advertising the place for rent or sale until you are down to the last 45 days of your contract--and he cannot force you to begin to allow showings outside of that time frame. The only thing you are required to do is allow your landlord or his agents access to the property to show it for the purpose of rental/sale. You have the right to remain inside the property while the landlord is showing it. He cannot force you to leave for showings. The landlord also must give you notice of when he intends to show the property--he cannot just come in unannounced at his whim. He also must do showings at "reasonable times". In other words, he cannot take advantage of you just because your lease is ending--so no middle-of-the-night showings. You are still paying rent so you are still entitled to quiet use and enjoyment of the property.

I am not an attorney so this is not formal legal advice--just guidance from my own personal dealings regarding this topic.
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Old 03-09-2009, 06:40 AM
 
3,737 posts, read 12,367,007 times
Reputation: 6904
Quote:
Originally Posted by Nolegirl0206 View Post
I have looked up the standard Florida Residential Rental Lease online, and it is the same lease that I signed when moving into my place.

My landlord asked me to help with showings, originally a non-issue, but now it has crossed a line into being an aspect I have to plan my work and personal life around.

All I found in the Standard Florida Lease was:

"Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this lease." If this is true, than would I no longer be obligated to show the place starting 45 days out from the end of the lease? What are the tenants rights in this situation??

Thanks!!
Under a standard lease, (as this one seems to be) you are not obligated to SHOW the premises. You are however obligated to make the premise available to be shown (by either the land lord or their authorized representitive) during the last 45 days of the lease. You will probably find another area of your lease that deals with notifications to you for "reasonable access" and also charges for not allowing reasonable access. This is standard language to allow the land lord to show the property to give them time to find new tenants for after you vacate at the end of your lease.
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Old 03-09-2009, 07:29 AM
 
Location: Venice Florida
1,380 posts, read 5,913,341 times
Reputation: 881
Most leases will also have some statement that the tenant will provide access to the property to the landlord and their agents (anyone working for the landlord) with 48 hour notice.

This access would be required for repairs and maintenance, it could also be used to allow the real estate agent to show the property.
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Old 03-09-2009, 07:50 AM
 
Location: Venice Florida
1,380 posts, read 5,913,341 times
Reputation: 881
The Florida statutes section 83.53, Allows the landlord access for the purpose of showing the premise to prospective purchasers.
If the tenant withholds consent then the landlord can have access with 12 hour notice between 7:30AM and 8:00 PM.
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