Condo association entered my unit without permission!! (Miami: rental, attorney)

[Samantha6]

Hi everyone,
wonder if you guys can help me with this.
I am renting a unit from a condo owner in Brickell Miami. I was out one day when I recieved a phone call from the condo (not the unit owner) asking if they can let someone into my unit to look at the balcony. I did not even know there was anything wrong with the balconies and they seem fine to me!
There was not even a notice, it was like he is here now can we let him in.

Anyway I am a single female who just moved to Miami and am hesitant letting strangers into my home. So I said NO. I told them I do not want anyone in my house unless I was there. I said this to 2 people in condo association and told them I would be home Today so he can come today after they give me a time slot. They said sure ok.

Yesterday I came home to find that someone had been in my unit ( I know this because I leave my balcony open every day b/c of poor circulation in my studio. And yesterday it was not only closed but locked as well. I am on the 35th floor with nothing infront of me so I dont bother locking it and I leave it open. So I am assumin gthe condo association gave the balcony guy my keys when I was not home. They did not call or anyhting to warn me. What if I had been home or something!

Anyway does anyone know what I should do? This is my first time renting in Florida, I dont know the laws. I have not spoken to the association yet because I want to know I have a right and want to have some knowledge about my rights before I go talk to them. Please help!

[illini84]

I'm no attorney, but after reading the following, it sounds illegal. Florida's tenant laws say this:

Once you agree to rent a dwelling, your right to possession is much the same as if you owned it. The landlord however, can enter at reasonable times with proper notice to inspect, make necessary or agreed repairs, decorations, alterations or improvements, supply agreed services or show it to a prospective or actual purchaser, tenant, mortgagee, worker or contractor.

The landlord may also enter at any time when:
The tenant has given consent;
In an emergency;
The tenant unreasonably withholds consent; and/or,
The tenant is absent from the premises for a period of time 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.

If the Landlord Does Not Comply:
You may be able to withhold rent if your landlord fails to do what the law or rental agreement requires. You must however, announce your intentions in writing by mail, preferably certified, at least seven days before the rent is due to allow time to remedy the problem.

If the problem is not corrected within the seven days and you withhold the rent, the landlord may take you to court to collect it. Under these circumstances, you must pay the rent into the court registry, pending the judge's determination in the case.


Hope this helps! The only thing that might be a little gray is the fact that the landlord can enter anyway when the tenant "unreasonably withholds consent". You did withhold consent, but was it unreasonable? I wouldn't think so, but I'm not an attorney either.

[kriskaron1]

There is a Florida Statute 718.111 (1) (a) (5) that gives condo asociation the right of access to units. 'The association has the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elemnets or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit or units.'
I'm the president of a condo asssociation. We have saved our residents several thousands of dollars by lessening damages or preventing damages from leaks. We also made moisture sensors mandatory and again saved our residents from the headache and heartache of damages due to leaks. We have entered units to find residents on the floor unable to help themselves. So overall it is a good rule. At 3:00 am when you have a flood starting on the 5th floor and going all the way down to the 1st floor, and you arrive to open the vacant unit were the flood started you are greatly appreciated. We are volunteers who are looking out for our neighbors.
kriskaron