Can a florida tenant change the locks in a single family home rental without giving the landlord a key?

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My landlord keeps coming into the home without notice. Therefore, I want to change the locks without giving him a copy of the key so if he wants to come in he has to come through me.

Attorney Answers

2
Kristy Harrington ·
Your question does not say why your LL is entering the property or whether you are home when he's doing it. However, I would direct you to FL Statute 83.53 & caution you against changing the locks & withholding the key - a tenant cannot "unreasonably" withhold access to the premises, & in the case of an emergency or if you are simply not letting him inside at all, he does have a right to enter the property for purposes of protection & preservation. You "could" try installing a chain or sliding bolt lock on the door, which can only be in place while you are inside the house. If he's entering unannounced while you are home, for non-emergency reasons, I can certainly understand your concerns & am concerned that he may be violating your right to privacy & quiet enjoyment of the property. He may also be expressly violating your lease &/or FS 83.53(3), which states the LL "shall not abuse the right of access nor use it to harass the tenant." If you attempt to install anything like that, however, you should first review your lease to see if it prohibits you from making any improvements to the property. I would also recommend that you notify your LL in writing of what you are doing & why. It would be good to be documenting the situation anyway, in case you come to a point where you do feel harassed & need to move out early. Since you would be breaking your lease to do so, you would want to protect yourself as much as possible if your LL brought a claim against you for money damages &/or kept your security deposit. At the very least, you should review FS 83.53 & your lease, then notify your LL in writing that you are requesting he honor his obligations under FS 83.53 & provide you with reasonable notice regardless of when or why he is planning to enter your house. If you believe he has ignored your written request, it may be time to consult with a local attorney about what you want to do next. If you did have to bring an action against your LL or respond to one he brings against you, the prevailing party in such a case can seek to have the losing party pay their attorney fees & costs. Sometimes the threat of an attorney being involved (&/or the threat of possibly having to pay the other side's attorney fees) can make an uncooperative party think twice. Good luck to you! The above information is not comprehensive & is intended as a starting point for educational purposes only. It does not create an attorney-client relationship with the author. It should not be used as a substitute for legal advice & counsel from a private attorney who can review your situation in detail & help you determine a course of action based upon your particular circumstances.
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Erskine Rogers ·
First read your lease in order to determine whether or not it provides that you must give the landlord a copy of the key to the premises. Next, you should read Florida statute 83.53, "landlord's access to dwelling unit". That statute sets forth when and under what circumstances the landlord can gain access to the residence. In short, that statute provides that need landlord can enter the dwelling unit from time to time in order to inspect the premises upon reasonable notice, unless access is required for the protection or preservation of the premises. Reasonable notice is at least 12 hours prior to entry. Reasonable time is between 7:30 AM and 8 PM. The statute contains other provisions as well. As a first step, after familiarizing yourself with the above, you may want to send the landlord a letter that you object to his entry of the premises without notice and request that he provides you at least 12 hours notice prior to entry. If the landlord continues to enter the premises without notice I would speak with an attorney in order to map out a strategy which may include changing the locks or filing a complaint for violation of the statute. Chapter 83, the landlord tenant statute, is one of the more complicated areas of the law. It grants the tenant important, but it is also filled with traps for the uninformed. Good luck.
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