questions & answers

Question: We just moved in a month ago to our first apt and we have a pitbull and boxer mix and we disclosed that info on day one. The lady we talked to the first day said it wouldnt be a problem and the just put in boxer for the breed. Fastforward to a day ago we get a notice saying that there was a complaint that we had a pitbull and they are not allowed at my apt complex. I went to the office sayong there was clearly a mistake but no she gave me a ten day notice to get rid of my dog or give 30 days notice of us wanting to move out. I read over the lease agreement and the pet addendum and there is nothing about breed restrictions or pitbulls. Who is in the wrong and where do I stand legally?

Answer: The Arizona Residential Landlord and Tenant Act governs the lawful and unlawful behavior of landlords and tenants and can be found under §§ 33-1301- 1381 of the Arizona Revised Statutes. A.R.S. § 33-1311 requires that Landlords deal with Tenants in good faith. In addition, the Statute of Frauds requires that a contract relating to renting property must be set forth in writing. Please be certain to carefully review the lease agreement that you signed when you first moved into the property. Generally, leases will indicate whether dogs are allowed in the rental property or not. This provision in the lease agreement will likely govern whether the dog can stay. Additionally, the laws that apply may change if the dog is an assistance dog for a disability. This information is provided as information only, and is not intended to be construed as legal advice. You may also want to look at the Landlord and Tenant Rights & Responsibilities Article on the AZLawhelp.org website.