Notice To Enter Rental Property (Free Template For Landlords)
Owning an investment property can be great. A tenant will pay your mortgage while you grow equity and watch as the property’s value grows. However, it can also mean a lot of work - such as dealing with tenants and taking care of maintenance and repairs.
If you need to enter a tenant’s rental unit to make a repair, perform an inspection, or prevent damage to the property, then you can do so under Florida law. However, unless it is an emergency, you generally need to provide at least 12 hours of notice. Our Notice to Enter template is aneasy way to ensure you provide proper written notice to your tenants before entering their property.
At Eaton Realty, we help property investors buy and sell real estate - and we can also manage your rental properties for you. Handling issues like maintenance, repairs, rent payments, and evictions can be challenging for many landlords - most of whom don’t have the experience or time to deal with these matters. Our comprehensive property management services make the process as easy as possible for property investors. If you own one or more rental properties in Hillsborough County, Florida, give us a call to learn more about how our property managers can help.
Have Questions About Managing A Rental Property? Speak With A Tampa Property Manager › 813-672-8022
Do You Need to Provide Notice to Enter a Rental Property?
Florida’s Landlord-Tenant Law governs the relationship between landlords and tenants. It sets out each party's specific duties and obligations, such as the landlord's right to receive rent payments and the tenant's right to “quiet enjoyment” of the rental property.
This right to quiet enjoyment of the premises is important. It means that—in exchange for rent—a tenant has the right to use the property without interference and to the full benefit of the property (as outlined in the lease). A violation of the implied right to quiet enjoyment could be a landlord deciding to do a renovation project that lasts for an unreasonable amount of time and deprives the tenant of their use of part of the property.
The right to quiet enjoyment does not mean a landlord can never enter a rental property. Landlords are permitted to enter the property for routine maintenance, scheduled repairs, or for emergency maintenance. However, Florida law requires landlords to provide reasonable notice before entering a tenant’s apartment.
A landlord can enter a rental unit at any time to protect or preserve the property—such as by putting up plywood to protect windows when a hurricane is incoming. A landlord can also enter a rental property with reasonable notice to the tenant and at a reasonable time to make repairs. Reasonable notice is defined as within 12 hours before entering, and reasonable time is between 7:30 a.m. and 8:00 p.m.
Landlords can also enter a property in other situations, such as:
- With the consent of the tenant;
- If the tenant unreasonably withholds consent;
- In the event of an emergency; or
- When the tenant is absent from the property for ½ of the time for the periodic rental payments (i.e., for 2 weeks out of a month if the rent is paid monthly). However, if the rent is current and the tenant tells the landlord that they plan to be gone for a period of time, then the landlord can only enter with the tenant’s consent or to protect or preserve the property.
The goal of this law is to balance two competing interests. The tenant should have the right to live in their home without being unreasonably bothered or harassed by the landlord. However, the landlord still owns the property and must be able to access it for inspections, repairs, and emergencies.
The bottom line for landlords: yes, you need to notify tenants if you plan to enter their rental unit (with some exceptions). Below, we provide a sample template you can use if you plan to enter a tenant’s unit.
Sample Template for Notice to Enter Rental Property
Florida does not prescribe a specific way to provide “reasonable notice” to a tenant - other than stating that it must be at least 12 hours before entry. There also isn’t a requirement for the notice to be in writing. However, putting a notice in writing is a good way of protecting yourself. If the tenant ever tries to claim that you unlawfully entered their apartment, you can point to the notice to demonstrate that you complied with Florida law related to the notice.
A notice to enter is a fairly basic form. It should include the address of the rental property, the date and time you plan to enter, and the reason for the entry. You should also include contact information so your tenant can contact you with any questions or concerns. You can download our free notice to enter sample template here.
In Florida, tenants cannot unreasonably withhold consent to a landlord’s entry if the landlord is entering for a lawful purpose (such as fixing a broken appliance). However, it is often a good idea to try to work with the tenant to pick a convenient date and time when possible. For example, if you know that a tenant works the night shift and sleeps during the day, you could talk to them about the best time to schedule an inspection or repair that won’t interfere with their sleep.
The rental notice template we’ve provided is a great way to make sure that your tenants get adequate notice and that you have documentation of said notice. Just be sure that you get it to them at least 12 hours before entering - and that you are entering for a legitimate reason. If you have your tenant’s consent to enter the property, you won’t need to send them a notice to enter.
Contact Eaton Realty for Tampa Property Management Services
There may be times when a landlord must enter a rental property, whether to perform an inspection, make a repair, or deal with an emergency. In non-emergent situations, providing notice is an important step to avoid violating a tenant’s rights. If you are unsure about handling repairs or giving notice to tenants, our property managers can take care of it for you.
At Eaton Realty, we offer comprehensive property management services to landlords in West Central Florida. We know that dealing with tenants and understanding the legal requirements for things like entering a rental property can be stressful. Our job is to take the pressure off, allowing you to sit back, collect your rent checks, and enjoy your life. To learn more about our real estate services, fill out our online contact form or give us a call at 813-672-8022 to talk to a team member.
The information disclosed above does not constitute legal or financial advice. Use this information at your discretion and consult a legal or financial professional for further guidance.
Additional Free Templates For Landlords
Daniel Rothrock
Director of Property Mgmt., MPM
Daniel is the Director of Property Management at Eaton Realty. He is a Master Property Manager, which is the highest level of recognition you can receive in the field. When he's not covering property management developments and insights on the Eaton blog or managing Eaton's property management team, Daniel can be found serving as the Southeast Regional Vice President/Ambassador for the National Association of Residential Property Managers. You can find Daniel on LinkedIn.
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