FLORIDA'S RESIDENTIAL LANDLORD AND TENANT LAWS
a. Landlord and tenant laws are civil in nature. They do not concern criminal laws unless the dispute escalates into a criminal matter.
b. A tenant's rights as to privacy in his dwelling and the landlord's access to a dwelling unit are determined by statute (F.S. §83.53). This statute reads as follows:
"(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, workmen, 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. 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 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."
It appears from F.S. §83.53 that most disputes will arise from the landlord's right to obtain access to the dwelling unit in the event of an emergency. It then becomes the duty of the law enforcement officer to determine whether or not there is an emergency. If there is a leak in the plumbing or a major disruption in the roof or outer walls, these are of course emergencies which the landlord must have immediate access to prevent damage to the property and to other dwelling units. If however, there is a slight leak in the roof or there is a leaky faucet, these may not represent emergencies.