Florida/Georgia Personal Injury & Workers Compensation

...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....

...However, a landlord is authorized to remove locks to leased premises for the purpose of maintenance, repair, or replacement. § 83.67(5), Fla. Stat. A landlord is also expressly authorized to access the leased premises under three different contexts. Id. § 83.53. First, a landlord may enter “at any time for the protection or preservation of the premises.” Id. § 83.53(2) (emphasis added)....

...only with the consent of the tenant or for the protection or preservation of the premises. 11 The parties stipulated that the Lease was governed by the Florida Residential Landlord and Tenant Act. 16 Id. § 83.53(2)....

...3d at 239 (discussing section 83.47(1)). 17 dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; . . . or exhibit the dwelling unit to . . . workers, or contractors.” Id. § 83.53(1). However, a “landlord shall not abuse the right of access nor use it to harass the tenant.” Id. § 83.53(3). Here, Holmquist was always authorized to enter the Premises for its protection and preservation. Id. § 83.53(2)....

...This testimony is not dispositive as to whether Holmquist resumed possession for the purposes of section 83.595. 18 provide access for workers or contractors, or make necessary— even if not agreed upon—“repairs, decorations, alterations, or improvements” consistent with section 83.53(1)–(2)....

...repossession of the property until the date of sale. This is demonstrated in the Florida Residential Landlord and Tenant Act, which prohibits the tenant from unreasonably withholding consent for the landlord to “exhibit the dwelling unit to prospective or actual purchasers.” § 83.53(1), Fla....

...ome, residence, or sleeping place by one person.” § 83.43(2)(a), Fla. Stat. (2022). A dwelling unit may be rented by an oral agreement. See § 83.43(7), Fla. Stat. (2022). A tenant generally has exclusive possession of a rented dwelling unit. Section 83.53(2) sets forth the circumstances allowing a landlord to enter rented premises during the term of a tenancy: The landlord may enter the dwelling unit at any time for the protection or preservation of the premises....

... 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. § 83.53(2), Fla. Stat. (2022). The victim did not consent to or otherwise license Sublett’s entry onto the porch. None of the section 83.53(2) circumstances, which authorize a landlord’s entry into a tenant’s dwelling unit, apply in this case. Affirmed. WARNER and LEVINE, JJ., concur. * * * Not final until disposition...