Is lease valid to sign?

[fltenant]

I am about to sign a lease for an apartment. The provision included discussing "Landlord's Access to Dwelling Unit" states that enterence is permitted at any time so long as a notice is left. FL State law (83.53) says that they can only enter for non-emergencies after giving me reasonable notice of at least 12 hours in advance and may only enter at a reasonable time between 7:30am and 8:00pm in order to make repairs.

We're going to ask them to change this. However, we're afraid that they will say no, and still ask that we sign with this provision in tact. One more thing to include, is that FL State Law (83.47) says that if a lease excludes any rights specified in the FL Landlord/Tenant Act or limits any other legal liability of the landloard/tenant, the clause is unenforceable.

What should I do? Is there a specific way I should approach this? What is the legality of the provision if left in tact? And is the document legal if we literally cross out the provision with a note to refer to the FL Statue number, with both parties still signing?

Thank you.

 

[jharris352]

Why would you think they would be against giving you notice? The only difference I see between the law that you stated and what is in your lease is the law states an amount of time in hours. My guess is that in practice they give you sufficient notice. Any clause in a contract that contradicts statutory law in the jurisdiction is void and unenforceable.

 

[fltenant]

Their lease states:

"If you, or any guest or occupant is present, then repairers, servicers, contractors, our representatives or other persons listed in (2) below may peacefully enter the apartment at reasonable times for the purposes listed in (2) below. If nobody is in the apartment, such persons may enter peacefully and at reasonable times by duplicate or master key (or by breaking a window or other means when necessary in emergencies) if:
(1) written notice of the entry is left in a conspicuous place in the apartment immediately after the entry; and
(2) entry is for: ...[lists reasons for entry]"

Their lease gives room for entry without my consent or knowledge. They would simply need to leave a note that they were there. FL Statue would give me time to clean or make sure that people are fully clothed for the day or period of time that I would expect them.

In practice, they don't have to give me notice before entering my apartment. They can then enter as they please (so long as their reasons are one of those listed). Also, in practice they might act differently. I have no comfort or rights to them obiding to that though.

And as an update - I have contacted the property management company. They refuse to change or amend the lease as they feel it is up to the letter of the state since their lawyer has reviewed it. They manage properties in TX as well as FL. I understand that laws change from state to state. I'm just frusterated that they aren't recognizing that the FL law states something different than what they have presented in their lease.

 

[jharris352]

You may not be right. Laws are sometimes difficult to interpret. Forgive me for saying this, but are you really that worried about this provision? They aren't going to come prancing through your house everyday. If you just can't stand this provision, find a different place.