Can a landlord do a pre-move out inspection if you are not present?

We are renting month-to-month and are sceduled to move out at the end of the month. They put a note in our door saying they are coming in to do a pre-inspection of our apartment on a day thatwe won’t be home whether we are home or not. Do we have to let them in?

Asked on January 9, 2013 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you do have to let them in. The landlord has a legal right to access the rental unit, on proper notice (which you seem to have received) for inspections (or maintenance; or to show to prospective buyers or tenants). The law does not require that the tenant be home or give the tenant the right to bar landlord access if the tenant will not be  home. It would be a good idea, if you can't be there, to thoroughly document the condition of your unit prior to the inspection, including photographically (preferably, using a camera that puts a date/time stamp on the pictures).

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