I live in a shithole apartment community just outside of Phoenix, Arizona. No security deposit was required at move in. The owners change management, office staff, and maintenance crews every 6 months like clockwork. They're probably rotating these people from one property to another so no one is accountable for anything. Anyway...the place was infested with bugs and filthy when I moved in. The carpet was peed and shat on by either the previous tenant's pet(s) or the previous tenant. Management did nothing to remedy the situation and made it clear to me by their non-action that they could not be bothered with respnding to service requests. So I cleaned, fumigated, disinfected, and deordorized the dump myself. Fast foward a year and a half later...my lease is expiring and I'm ready to GET THE HELL UP OUT!!! When I went to the office yesterday to give my notice to vacate, new dude (who's probably been working there no more than a week) said I was required to sign their own "special" vacate form which has a clause stating I agree to have the carpet professionally cleaned and provide a receipt as proof otherwise I will be charged a minimum of $95. Nothing in my lease states that I must professionally clean the carpet at move out or pay them to do so. When I asked about the clause, he says "those are the rules". Before I said something I was going to regret or did something that was going to require my family to raise bail, I left (with the unsigned form in hand) and went back to my apartment. Are they within their rights? What can they do if I don't agree to sign this form?

Short answer: No, they can't do it. (Well, they can [b]try[/]b, obviously, but it won't hold up in court.)

How are they going to get $95 from you, anyway? It's not like there's a security deposit they can withhold.

Just in case, though...I would try to get as many of your belongings out of there as quickly and quietly as you can. Just in case they try to pull some shenanigans like changing your locks or otherwise holding your property. Rent a storage facility and get the stuff out under cover of darkness if you have to.

And whatever you do, don't sign the form. If you do, you've amended your lease. Take it to your local housing authority or tenant resource center and explain what's going on.

Welllll, yes they can do that, but you can fight it.

There has got to be something in the lease that says you need to leave the apartment in the same state that you received it. Unfortunately for you, you do not have any documented proof of the state of the apartment when you moved in. ALWAYS ALWAYS ALWAYS take your own pictures and demand a move in inspection.

GetAwayFromMe said:

The state of the apartment was put in writing in explicit and meticlous detail on their move in/move out inspection form, which I do have a copy of.

therevolutionwillnotbe said:

Requiring you to sign [/b]after-the-fact is absurd. They can try it. But you don't have to sign it. What are they going to do? End your lease?

there is a section and code in real estate laws regarding normal-wear-and-tear[b]
by law they are required to paint, clean the carpets professionally, etc for the next tennant coming in. It's their responsibilty. You are only required to leave the place in a reasonable condition...as opposed to when you moved in.

You didn't have to put up a security or cleaning deposit ...the issue at law here would be getting back your deposits ....if applicable.
If you have any questions on these laws and can't afford an attorney, you can call your local real estate office and ask to speak to the real estate broker.

Be SURE to ask for the Real Estate Broker ... not the real estate Agent. The broker is the only one who can give legal advice .. he cannot charge for it ...and if it's just a quick question or two, he can answer right over the phone for you.

Good luck to you and don't sign anything.

I wouldnt think they have a chance because it was not a condition you had to agree to for you to move in...I would think your lease would be like a "grandfather clause" usually new management have to abide by the lease until it is expired for these type of reasons. Its a contract that only binds you to the terms that are stated until the lease is no longer valid... And im with everyone else DONT SIGN ANYTHING!!