Landlord keeps entering my apartment without notice - Florida rights under Statute 83.53?

I rent an apartment in Miami-Dade County. My landlord has been entering my unit without giving me any notice whatsoever. I caught him on my Nest camera twice this week alone - once on Monday around 2pm and again on Wednesday at 10am.

Both times he just walked in with his key, looked around the apartment, checked the AC unit, and left. No prior text, no call, no written notice. Nothing.

When I confronted him, he said "I own the property, I can check on it whenever I want." That doesn't sound right to me.

I've been googling and found something about Florida Statute 83.53 but I'm confused about what it actually requires. What are my rights here? Can I do anything to stop this? I feel like my privacy is being completely violated.

Florida landlord-tenant attorney here. Your landlord is wrong, and you have clear statutory protection under Florida law.

Florida Statute 83.53 explicitly governs landlord entry. Here's what it says:

• For repairs: Landlord must give at least 12 hours notice before entering to make repairs
• For other purposes: Landlord must give "reasonable notice" - which courts typically interpret as 12-24 hours
• Timing: Entry must be at "reasonable times" - generally business hours, not late night or early morning
• Emergency exception: The ONLY time a landlord can enter without notice is for a genuine emergency (fire, flood, immediate threat to safety)

"Checking on the property" or "looking around" is NOT an emergency. Your landlord is violating Florida law.

Your remedies under Florida law:

1. Written demand: Send a formal written notice citing Section 83.53 and demanding compliance
2. Injunctive relief: You can seek a court order prohibiting unauthorized entry
3. Damages: You may be entitled to actual damages for the privacy violations
4. Lease termination: Repeated, willful violations may give you grounds to terminate the lease

Thank you! This is really helpful. So Florida actually has a law about this - unlike what I was reading about Texas where there's no statute.

A few follow-up questions:

• Does the 12-hour notice have to be in writing?
• What exactly counts as an "emergency"?
• If I send a written demand and he ignores it, what's my next step?

Also, is the video from my Nest camera usable as evidence if this goes further?

Good questions:

Notice format: The statute doesn't require written notice specifically, but written notice (text, email, posted notice) creates a clear record. Verbal notice is technically sufficient but harder to prove was given.

What qualifies as emergency:

• Fire or smoke
• Water leak/flooding causing active damage
• Gas leak
• Immediate threat to health or safety
• To prevent imminent harm to property

"Checking on the AC" is NOT an emergency. Neither is a routine inspection.

If he ignores your demand:

1. Document every subsequent unauthorized entry
2. Send a second notice referencing the first and the continued violations
3. File a complaint with the Florida Department of Agriculture and Consumer Services (they handle landlord-tenant complaints)
4. Consult with an attorney about filing for injunctive relief in county court
5. Consider whether you want to pursue lease termination

Nest camera footage: Yes, absolutely usable. You have a reasonable expectation of privacy in your own home, but your landlord entering without permission has no expectation of privacy. Florida is a two-party consent state for audio recording, so make sure your camera isn't recording audio, or only use the video portion as evidence.

This happened to me in Orlando last year. Landlord kept showing up unannounced claiming he needed to "inspect the smoke detectors" or whatever excuse.

I sent him a formal letter quoting Section 83.53 word for word. He called me angry at first, but after I told him I'd already consulted with a tenant rights attorney (I had a free consultation), he completely backed off.

The key is showing them you know your rights AND that you're willing to take action. Most landlords don't want the hassle of a court case.

Property manager here (Tampa Bay area). What your landlord is doing is absolutely wrong and gives our industry a bad name.

Any legitimate property management company knows 83.53 inside and out. We ALWAYS give at least 24 hours notice for non-emergency entries. It's just standard practice - and it's the law.

Some tips for tenants:

• Your lease may require MORE notice than the statute (check it - some say 24 or 48 hours)
• Keep a log of every unauthorized entry with date, time, and what happened
• Always respond to landlord communications in writing so you have a paper trail

If a landlord is entering without notice, it's either ignorance of the law or deliberate disregard. Neither is acceptable.

I'm in Jacksonville dealing with something similar. My landlord gave me 2 hours notice yesterday for an "inspection." Is 2 hours enough under Florida law?

The statute says "reasonable notice" but what does that actually mean?

@JaxRenter_Help - "Reasonable notice" isn't specifically defined in the statute, which is why courts have to interpret it case by case.

General guidance from Florida court decisions:

• 12 hours: The statutory minimum for repairs, often used as a baseline
• 24 hours: Generally considered reasonable for most purposes
• 2 hours: This is a gray area - probably not reasonable for a routine inspection unless there are special circumstances

Factors courts consider when determining "reasonable":

• Purpose of entry (emergency vs routine)
• Tenant's work schedule
• Whether tenant requested shorter notice
• Industry standards in the area

2 hours for a routine inspection would likely be considered unreasonable by most courts. I'd push back and ask for at least 12-24 hours in the future.

UPDATE: I drafted a formal letter citing Section 83.53 and sent it via certified mail yesterday. I also sent a copy via email with read receipt.

The letter included:

• Specific dates and times of the unauthorized entries
• Quote of the relevant statute language
• Demand that he provide at least 12 hours written notice before any future entry
• Statement that I will pursue legal remedies if violations continue

Feeling nervous but also empowered. Thanks everyone for the guidance. Will update when I hear back.

Following this thread because I've had similar issues. Our landlord in Tallahassee keeps sending maintenance workers without notice. They'll just show up and ring the doorbell.

I work from home and have been interrupted during video calls multiple times. Is it the same rule if it's maintenance workers and not the landlord himself?

@TallahasseeWife - Yes, absolutely the same rules apply. The landlord can't circumvent notice requirements by sending someone else. Anyone entering on behalf of the landlord (maintenance, contractors, inspectors, agents) requires the same notice.

The statute says the landlord "may enter the dwelling unit at reasonable times" with proper notice. It doesn't matter if it's the landlord personally or their representatives.

Landlord here (I rent out my old condo in Fort Lauderdale). I always give 24-48 hours notice for any entry. It's just common courtesy AND the law.

Some landlords seem to forget that when someone signs a lease, that unit becomes THEIR home for the lease term. You can't just walk in whenever you feel like it.

OP, your landlord's "I own the property" attitude is exactly the kind of thinking that leads to lawsuits. Good for you for standing up for your rights.

UPDATE: He received my letter (got the certified mail receipt back). No direct response yet, but NO unauthorized entries in the past 5 days!

He did text me yesterday saying he needs to have the AC serviced next week and asked what day works for me. Progress!

I responded asking for 24 hours advance notice of the specific day and time. He agreed.

That's exactly how mine went too. Once they realize you know the law and will enforce it, they suddenly become very respectful of proper notice.

Keep the documentation going though. Save those text messages where he agreed to give notice. If he ever backslides, you have proof he knew the rules.

Just found this thread. I'm a grad student at UF and my landlord has been entering my apartment "to show it to prospective tenants" even though my lease doesn't end for 4 more months. Is that allowed?

He gave me one day notice but it's happening like twice a week now. Really disruptive to my studying.

@Gainesville_Student - Showing to prospective tenants IS a legitimate reason for entry under 83.53, and one day notice is likely reasonable. However:

• Frequency matters: Twice a week for 4 months could be considered excessive and harassing
• Check your lease: It may have specific terms about showings (some limit frequency or require tenant consent)
• "Reasonable times": Showings should be during reasonable hours, not disrupting your sleep/study

You can request that showings be limited to certain days/times that work with your schedule. A reasonable landlord will accommodate this. You can also request to be present during showings.

If twice a week continues for months and substantially interferes with your use of the property, that could constitute harassment and potentially support a claim for damages or lease termination.

This thread is really helpful. I want to share my experience for others who might be dealing with this.

My landlord in Palm Beach County was entering almost weekly "to check for leaks" after a hurricane last year. I understood the first few times, but it went on for months with no actual leaks ever found.

I finally sent a letter citing 83.53 and said I'd contact the county housing authority if it continued without proper notice and legitimate reason. He stopped immediately and apologized.

Document everything, know your rights, and don't be afraid to assert them!

ONE MONTH UPDATE: The situation has completely turned around!

Since I sent that letter, my landlord has given proper notice for every single entry (there have been two - both for legitimate maintenance). He texts me at least 24 hours in advance, tells me exactly what will be done, and gives me an approximate time window.

He even apologized in person last week. Said he "didn't realize Florida had specific rules about this" and that he's been managing properties for years. I'm not sure I believe he didn't know, but I'll take the apology.

Key lesson: Knowing the statute and putting your demand in writing WORKS.

Just want to add some resources for Florida tenants who might need help:

• Florida Bar Lawyer Referral Service: Can connect you with tenant rights attorneys, often free initial consultation
• Bay Area Legal Services (Tampa Bay): Free legal help for qualifying tenants
• Legal Aid Society of Palm Beach County: Free tenant assistance
• Jacksonville Area Legal Aid: Housing law assistance
• Florida Department of Agriculture and Consumer Services: Handles landlord-tenant complaints

If your landlord is violating 83.53 and won't stop after written notice, these organizations can help you understand your options without expensive attorney fees.

Just moved to Miami from New York. This thread is so helpful! In NY we had very strong tenant protections and I was worried Florida might be like Texas (which I've heard has almost no statutory protection).

Good to know 83.53 exists. I'm checking my lease right now to see if it has any additional notice requirements.

@NewtoMiami_2025 - Good instinct to check your lease. A few things to look for:

• Notice period: Some leases require more than the statutory 12 hours (24 or 48 hours is common)
• Notice method: Lease may specify how notice must be given (written, email, text, etc.)
• Entry hours: Lease may limit entry to specific hours
• Showing provisions: Lease may have specific terms about showing the unit to prospective tenants

If your lease requires MORE protection than the statute, the lease terms control. If the lease requires LESS than the statute (or tries to waive your 83.53 rights), the statute still applies - landlords can't contract around statutory tenant protections.

Question - my landlord wants to install smart locks on all units and says he'll be able to remotely unlock doors for maintenance access. He claims this means he doesn't need to give notice because he won't physically be there.

That can't be right, can it? Remote unlocking for someone else to enter is still entry, right?

@ClearwaterWorker - That's completely wrong. The notice requirement applies regardless of HOW entry is gained. Whether the landlord uses a physical key, a smart lock, or sends someone else, proper notice is still required.

The statute protects your right to know WHEN someone will enter your home. The technology used to gain access is irrelevant.

I'd be very cautious about any landlord trying to use technology to circumvent tenant protections. That's a red flag.

3 MONTH UPDATE: Still going great! Landlord has been giving proper notice consistently. We've actually developed a pretty good working relationship now.

He mentioned he started giving proper notice to all his other tenants too after my letter. Apparently I wasn't the only one he was just walking in on. So this helped other people too!

Definitely keeping the Nest camera though. Trust but verify.

What about condo associations? I rent a condo in Boca Raton and sometimes the HOA sends people to inspect balconies or do building maintenance. Does 83.53 apply to them too?

@BocaCondoRenter - This gets complicated. Section 83.53 governs the relationship between landlord and tenant. The HOA's rights to access depend on:

• The condo declaration and bylaws
• What areas they're accessing (common elements vs inside your unit)
• Your lease terms

Generally, your landlord (the unit owner) is responsible for ensuring anyone entering your unit follows proper notice requirements. If the HOA is entering your unit, they typically should coordinate through your landlord, who then gives you notice.

For access to common elements (like exterior balcony areas in some buildings), different rules may apply based on the condo documents.

I'd recommend checking your lease to see what it says about HOA access and talking to your landlord about how they handle HOA-related entries.

Paralegal at a firm that handles a lot of landlord-tenant cases. Just want to emphasize something the attorney mentioned earlier - DOCUMENT EVERYTHING.

In the cases where tenants win, they almost always have:

• Written demands sent via certified mail
• Video/photo evidence of entries
• Logs with specific dates, times, and descriptions
• Copies of all communications with landlord

In cases where tenants lose, it's usually because they complained verbally but have no documentation. "He said, she said" doesn't win cases.

Found this thread while dealing with a similar situation. My landlord claims that because I have a month-to-month lease (original 1-year ended), the entry rules are different. Is that true?

@KeyWest_Renter - No, that's not true at all. Section 83.53 applies to all residential tenancies covered by the Florida Residential Landlord and Tenant Act, regardless of lease term. Month-to-month tenants have the same entry notice protections as year-long tenants.

The only difference with month-to-month is the notice period to terminate the tenancy itself (15 days). But entry rules are identical.

END OF YEAR UPDATE: My lease renewal just went through! The landlord proactively added a clause specifying 24-hour written notice for all non-emergency entries. He didn't even wait for me to ask.

Complete 180 from where we started in July. This thread and everyone's advice literally changed my living situation.

For anyone dealing with a similar issue - document everything, cite Florida Statute 83.53 specifically, send your demand via certified mail, and don't back down. Most landlords will comply once they realize you know your rights.

Pinning this thread as a reference for Florida tenant entry rights.

Key points for new readers:

• Florida Statute 83.53 requires landlords to give notice before entry
• 12 hours minimum for repairs, "reasonable notice" (typically 12-24 hours) for other purposes
• Entry must be at reasonable times
• Only genuine emergencies justify entry without notice
• Document violations and send written demands citing the statute

Thanks to everyone who contributed to this discussion!

Just moved to Florida from California. This thread answered all my questions about entry notice requirements. So helpful to know Florida has actual statutory protection unlike some other states.

Already confirmed my lease has a 24-hour notice clause. Feeling prepared!

FINAL UPDATE - RESOLVED: It's been over 6 months since I sent that initial demand letter, and I'm happy to report complete success.

My landlord now:

• Gives at least 24 hours written notice for every entry
• Only enters for legitimate reasons (actual maintenance, not just "checking on things")
• Respects my schedule and offers flexible time windows
• Added proper notice language to my renewed lease

For anyone in Florida dealing with a landlord who enters without notice:

1. Know your rights under Florida Statute 83.53
2. Document every unauthorized entry (video cameras are invaluable)
3. Send a formal written demand via certified mail citing the specific statute
4. Be prepared to follow through with legal action if necessary (but most landlords comply after the letter)
5. Don't let anyone tell you "I own the property so I can enter whenever I want" - that's not how Florida law works

Thank you to everyone who helped me navigate this, especially the attorneys who provided clear guidance on the law. You made a real difference in my life and I hope this thread helps others in similar situations.