Can a landlord charge you for a dirty patio?

[rmiller98]

I am currently living in an apartment complex in Chandler AZ. In my lease, there is a clause about what is allowed on our patio. The lease states we can have patio furniture and plants. We must also keep the patio neat and clean.

Last week, we received a notice stating our patio was dirty. The assistant manager complained of a string hanging from the ceiling, a desk fan on the table, a few stalks of river cane I had drying, and believe it or not, cobwebs. Anyway, we cleaned our patio on Monday evening and received a $100 fine on Friday.

We called the assistant manager and even went down to speak with her. She stated our patio was not clean on Monday morning as per the notice. However the was no specific time listed on the notice. Only that we had to have the patio clean by Monday. I showed her a picture of what our patio looked like at the time and she said it did not look like that when she went by on Monday morning. I asked if she could show me a picture of what it supposedly looked like, and she said she did not need a picture.

I also asked about how she can fine us $100. There is nothing in our lease whatsoever stating we can be fined. The assistant manager stated that it is up to their discretion if they fine us or not. Is this legal? No where in our lease does it say anything about fines for patios.

 

[FarmerJ]

If you do not care if your lease is not renewed and think you may be able to find a better/ nicer or lower cost rental then re read your copy of this lease to verify that they cannot change any terms or create new ones mid lease, then go back to the office with one copy of your lease in hand ( make a extra copy ) then tell her you have reviewed your lease with them , you cannot find this fine and want her to show you where the lease permits them this charge and if they cannot then you wont pay it and you will save your pictures taken and how happy you would be to permit this management company to look bad in court ( if they take it from your rent or deposit ) when you(her) try to show a judge what part of the lease allowed the fine. At the very least the worst they can do is when its near your time to renew to not do so. I would tell you since they have tried to pull this stunt now to never let your guard down again, if you have repair request put it on paper sent via certified mail ( keep a copy for your records with your certified receipt , when it comes time to move have pics that show the units condition , how nice and clean you left it as well as pics of wear and tear, pics of empty cupboards , inside the fridge , toilet bowl, oven. you want to wash every thing from light fixture glass to insides of windows. ( if you dont have pics from when you moved in then get them done now along with notes about wear and tear) if they have a drop box for rent then I would tell you to never use it again, instead go into the office in person to pay the rent and make sure they give you a rct or send it via mail tracking .