Q: Is it legal for landlord to ask you to sign tenancy ending paperwork that indicates an addition to the rental agreement?
I gave my landlord written 30-day notice. I have a monthly lease. She replied the following:
"Thank you for the update. Later today or tomorrow there will be a form for you to sign, posted on your door. Included with the form is explanation of how moveout charges are calculated as relates to the security deposit and the expectations of how the apartment is to be returned. Because your tenancy was less than 18 months, you will be charged for painting, cleaning and carpet cleaning at a minimum. It's spelled out clearly in the paperwork you'll receive shortoy."
I did not see any of this deposit and 18-month business in the original lease that I signed - shouldn't my manager asses if there is extra cleaning or painting? I'm afraid that by signing this I cannot contest any fees that she deems necessary. Should I sign this new paperwork?
A: A landlord may not just charge blanket fees. Rather it must assess each situation on its own merits. If the tenant damaged the paint, they can be charged for it. But only if they damaged it and 18 months has nothing to do with it. They can charge for cleaning but only if necessary and only for cleaning that is necessary. So take lots of pictures when you move out and it wouldn't hurt to have a few witnesses that could testify as to the condition you left it in. They cannot charge for carpet cleaning at all unless your written lease tells you that when you moved in. You have no obligation to sign this new form and I do not immediately see any advantage to your doing so. It might or might not compromise your future ability to contest her charges, depending upon the exact language of the form and which charge, but why would you take the chance?
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