Okay we live in a crazy city. If you ever lived in Miami you know what a unique place to do business it is. The mixture of cultures surround the many subdivisions of the county. Selling, buying and renting real estate here comes with a few road blocks to name a few.
We as agents sometime dread showing tenant occupied properties to our potential buyers or tenants because of the inconvenience to all parties. However I feel this can be done in a simple,straight to the point manner.
The more professional approach and best way I feel is to introduce yourself to the current tenants and explain what you are trying to achieve for the landlord. Then mention you have will be taking photos and have copy of the keys for showings. Coordinate a convenient time with a 24 hour notice for the tenant and then mentioned to them they do not need to be there. Make the showings the same day and time to avoid any disturbances. At that point they will either understand and accept your terms or refuse. To combat the latter, I always give them as a reminder and a copy of Florida Statue 83.53 explaining the landlord's rights to access the dwelling. The system is not fool proof but is shows your professionalism and that you know the law.
As mentioned in Florida Statute 83.53 subsection (1) below if the Landlord/Owner gives proper notification the agent can enter the property without the owner being there. I either email,call,text or if need be post a note on the tenants door 24 hours before the showing. If the tenant does not reply to neither of the four he is not conforming to subsection 2 (c) of the Florida Landlord Tenant Act for access to dwelling and I let them know.
83.53Landlord’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 12 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;
(c)When the tenant unreasonably withholds consent; or
(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.
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