Can I do a walk-through without the tenant?

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Can I do a walk-through without the tenant?

I have a tenant I’ve had served by the local sheriff to leave the apartment for a cat odor that was permiating the whole unit. I’m afraid it’s cats who sprayed their urine. Can I do a walk-through without the tenant with me because I want to take adequate time and no stress of her being there since it’s been a very stressful time? She won’t commit that there is any smell and she says female cats don’t spray, when they do. The lease says I can hold the deposit until last day of her tenancy and have 30 days to give to her with letter damages.

Asked on April 25, 2012 under Real Estate Law, Maine

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, of course you can do the walk through with out the tenant but then you run the risk of her contesting anything "you say" exists.  I know that you say she will not commit regading the odor and you can not "see" a smell so it may be difficult anyway. It may be a good idea to hire some one to go through the apartment with you and she to alleviate the stress.  Take as many pictures as you can and keep with in the time frame provided by law.  Good luck.


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