Florida Statute 83.53 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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83.53 Landlord’s access to dwelling unit.—

(1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

(2) The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. “Reasonable notice” for the purpose of repair is notice given at least 24 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances:

(a) With the consent of the tenant;

(b) In case of emergency;

(d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.

(3) The landlord shall not abuse the right of access nor use it to harass the tenant.

History.—s. 2, ch. 73-330; s. 5, ch. 87-195; s. 4, ch. 93-255; s. 446, ch. 95-147; s. 3, ch. 2022-222.

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Amendments to 83.53

Annotations, Discussions, Cases:

Cases Citing Statute 83.53

Total Results: 3 | Sort by: Relevance | Newest First

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Quinones v. Durkis, 638 F. Supp. 856 (S.D. Fla. 1986).

Cited 22 times | Published | District Court, S.D. Florida | 1986 U.S. Dist. LEXIS 23665

...Defendant CURRY has filed a Motion to Dismiss the three counts against her in the Plaintiffs' Complaint. The Counts are: III. A count for damages pursuant 42 U.S.C. § 1983. IV. A count for damages for abuse of process. (pendent claim) V. A count for damages alleging violations of Fla. Stat. 83.53 et seq., (Florida Landlord Tenant Act)....

...In Count IV, the Plaintiffs seek damages against CURRY for the tort of abuse of process. After construing the pleadings in the light most favorable to the Plaintiff, Defendant CURRY's Motion to Dismiss Count IV is DENIED. In Count V, the Plaintiffs seek damages against CURRY for her violation of Florida Statute 83.53 et seq., also known as the Florida Landlord/Tenant Act....

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William Hefley & Aimee J. Hefley v. Christopher Holmquist (Fla. 5th DCA 2025).

Published | Florida 5th District Court of Appeal

leased premises under three different contexts. Id. § 83.53. First, a landlord may enter “at any time for the

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Patricia Kay Sublett v. State of Florida (Fla. 4th DCA 2025).

Published | Florida 4th District Court of Appeal

exclusive possession of a rented dwelling unit. Section 83.53(2) sets forth the circumstances allowing a landlord

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.