questions & answers

Question: I live in an apartment complex near NAU. My roommate and I have lived here for about three months now and we have a dog (only 15 lbs), which is allowed by the apartment complex (up to 40 lbs). We found a stray kitten a few weeks back (only 6 lbs), and we would like to keep her. The lease that we signed says NOTHING about being limited to only one animal in the apartment, however they are telling us that that is what their policy is, even though there was no written agreement to that. Should I be able to get another pet in the apartment?

Answer: The following constitutes general information and should not be construed as legal advice. To determine how the law applies to your specific situation, you may consider consulting an attorney directly. It is difficult to say. According to A.R.S.33-1342: A. A landlord, from time to time, may adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises. Such rules or regulations are enforceable against the tenant only if: 1. Their purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abusive use or make a fair distribution of services and facilities held out for the tenants generally. 2. They are reasonably related to the purpose for which adopted. 3. They apply to all tenants in the premises in a fair manner. 4. They are sufficiently explicit in prohibition, direction or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply. 5. They are not for the purpose of evading the obligations of the landlord. 6. The tenant has notice of them at the time the tenant enters into the rental agreement. B. A rule or regulation adopted after the tenant enters into the rental agreement is enforceable against the tenant if a thirty day notice of its adoption is given to the tenant and it does not constitute a substantial modification of the tenant's rental agreement. As indicated by A.R.S. 33-1342 (B)(6), notice must be given at the time the tenant entered into the rental agreement. Notice may not necessarily have to be in the rental agreement itself, it simply must have been given. Landlords may give notice of policies at the time a lease is signed that are not specifically incorporated into the lease agreement: instead the lease may give reference to policies in effect and not specifically state them. If the landlord gives sufficient notice prior to the tenant signing the rental agreement (and the rule complies with the other requirements in 33-1342 (B), the tenant will be bound.