Really want to inspect but being told no - need help quick!! (apartment, lease)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
We are evicting tenants way behind on rent and just filed for Final Judgement and Writ of Possession. So them actually leaving will probably be a week or so. In the meantime, we wanted to inspect the home yesterday and they are not allowing us to inspect even with notice. It is our understanding that in Florida we are allowed to inspect the house given reasonable notice and our lease also says we are allowed to inspect with notice. They emailed us that we have no right to enter the property at all and were call the sheriff, etc (and even that the Sheriff's office supposedly told them we can't enter). We researched again and believe it's clear we have the right.
We called today and told them we would be inspecting tomorrow afternoon especially after they denied us access over the weekend. Once again they responded verbally and by email that we have no right to inspect. Of course we are now extremely worried about damages and why they are so adamant we not inspect. Please help with insight so we can decide whether to go or not and we would now plan to have an officer with us. What are the laws if they are home and say we cannot come in or if they are not home and telling us not to enter???
I would call the Sheriff's office in the morning and request an escort for your inspection because they are refusing to allow you in, but you have a legal document stating otherwise. It really does sound like they have something to hide. The sooner you know what that is, the better off you'll be in preparing the property for re-rental and recovering as much money as possible.
Take the sheriff with you. If you have the documents of eviction, the Sheriff will go with you and make sure you are allowed into the property. also take the keys to open the door.
On another note, I would leave it alone and not go until they have left. they may not have done any damage or not that much. If you **** them off bad enough, they could go on a rampage and make it worse. I've been there and usually let it go and wait until they are gone. I'm sure there is plenty to do to get it ready to re-rent. Why take the chance to make it worse? All my opinion, not fact. Just a thought.
that there is an "injunction relief" form since they are unreasonably witholding consent to enter the premises and that even with the sheriff going with us, we probably wouldn't be allowed to enter without another court order. This is very strange to have the right in writing and yet the tenant can still say no and cause us to go to court again. Very weird. I will be researching if our city has that ability because I am very torn about making them mad yet needing to make sure they are not selling items on ebay or already have seriously damaged things. It makes no sense to wait til after they leave with no forwarding address to inspect without a deputy present. We were on speaking terms until we wanted to enter the property and their strong reaction gives us more than serious concerns that something is very fishy over there and that is very scary. Thank you so much for all comments.
I called the sheriff because my tenants didn't want to let me in and the sheriff told me they aren't allowed to take sides or to accompany a LL or tenant. He advised me to take my camcorder and go to the proeprty after given notice and you are allowed to enter...if than soemthing happens you can call the police again and they might come and go from there...make sure you have proof of ownership of the apartment or home to show the police and maybe proof of given notice to enter the house for inspection...The camcorder was great...it avoided us from getting blamed for things we didn't do since the tenant already made some accusations about stuff might end up missing...I told him he never complained when I was so good to let him put his tuff in my garage and use it as storage for 2 weeks prior to paying rent!
Good Luck!
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.