When a Landlord’s Entry Became a Felony
Landlords have legal rights when managing rental properties, but they must also respect tenants’ rights to privacy and exclusive possession. Failing to comply with landlord access laws can have severe consequences, including criminal prosecution. The Florida case of Sublett v. State, 4D2024-1925 serves as a cautionary tale for landlords who unlawfully enter a tenant’s premises without proper notice or legal justification.
The Case of Sublett v. State
In Sublett v. State, a Florida landlord, Patricia Sublett, was convicted of burglary after unlawfully entering a tenant’s rented space and taking personal property. The tenant, who rented a screened porch in Sublett’s home, had explicitly told Sublett to stay out of her room. Despite this, Sublett entered without permission, an act captured on a Ring camera, and was later found guilty of burglary and petit theft.
The court ruled that Sublett’s right to enter the property was restricted by the tenancy, and her unauthorized entry violated Florida law. This decision underscores a critical lesson for landlords: renting out a space limits a landlord’s right to access it without proper legal procedures.
Key Takeaways for Landlords
1. Follow Legal Notice Requirements for Entry
Florida law, like that of many other states, sets clear rules on when and how a landlord can access a rental unit. Under Florida Statute § 83.53,
“(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.”
Additionally, under subsection (2), a landlord may enter a rented dwelling “at any time for the protection or preservation of the premises”. But if the access is not for that specific purpose, the landlord may access the premises only under specific conditions:
- With the tenant’s consent
- In case of an emergency
- When the tenant unreasonably withholds consent for necessary repairs
- If the tenant is absent for a period equal to half the time for periodic rental payments (if rent is current and absence is notified, entry requires consent)
Landlords must provide at least 24 hours’ notice before entering for repairs and may only do so between 7:30 AM and 8:00 PM, except in cases of emergency that require a more immediate response to preserve and protect the property.
Lastly, F.S. 83.53(3) provides, “[t]he landlord shall not abuse the right of access nor use it to harass the tenant.”
2. Unlawful Entry Can Lead to Criminal Charges
Many landlords assume that because they own the property, they can enter at will. However, once a property is rented, the tenant has exclusive possession, and unauthorized entry can constitute trespassing—or worse, burglary if the landlord takes something that belongs to the tenant (no matter how insignificant the value). In Sublett v. State, the landlord’s unauthorized entry and taking of the tenant’s (minimal value) property and theft led to a felony conviction.
3. Assume That Someone Is Watching
With the prevalence of security cameras and home surveillance systems, landlords should always act as though their actions are being recorded—as they may very well be. In this case, the landlord’s unlawful entry was caught on a Ring camera, providing crucial evidence in court.
4. Always Document Lawful Entry and the Need for Access
To protect against potential disputes or legal action, landlords should:
- Keep records of written notices given to tenants before entering the property.
- Document all maintenance or repairs performed, including tenant requests.
- Have tenants sign a permission form or in some material form acknowledge permission when granting permission for entry.
- Use text messages or emails to confirm and document tenant communications.
One of the biggest issues that arise in property management is, when is the tenant’s withholding of consent to the landlord’s access “reasonable.” This depends largely on the facts. Landlords should consult with a landlord attorney any time a tenant’s withholds consent to the landlord’s legitimate need to access the premises. There are practical and legal steps that the landlord may take to enforce their right to access the premises.
5. Failure to Follow the Law Can Lead to Civil and Criminal Consequences
Landlords who violate Florida’s landlord access laws may face:
- Criminal charges (as seen in Sublett v. State where the landlord was convicted of burglary and theft).
- Civil lawsuits filed by tenants for unlawful entry, retaliation, discrimination, or harassment.
- Eviction disputes where courts may side with tenants if landlords act improperly.
How to Legally Manage Tenant Access
The Sublett v. State case serves as a stark reminder for landlords: owning a property does not grant the right to enter at will. Landlords must follow legal procedures when accessing rental units, respect tenants’ privacy, and always document their actions. Failure to do so can result in severe legal consequences, including criminal prosecution. By adhering to landlord-tenant laws, property owners can protect themselves from legal trouble and maintain positive, professional relationships with their tenants.