Legal Question in Landlord & Tenant Law in Arizona

Eviction Question

I brought my sister's dog to my apartment to care for him while she was in the hospital for three days following a car accident. While at the hospital visiting my sister, landlord enter apartment conducting semi-annual inspection that I forgot about and saw dog in cage. Returned to office, re-entered apartment and took pictures of the dog, then left a notice on my door telling me to come to office to revise lease, pay a dog deposit and pet rent for unauthorized pet. I went to the office to explain the situation and was basically told I could pay the $250 deposit and $50 rent montly or be evicted because they had proof (pictures) the dog lived in my apartment. I have since offered proof (letters from sister and others, dog registration, etc.) that the dog is not mines. A second notice was received. Yes, I was in violation of the lease but I do not deserve to be evicted. I offered to pay half the deposit & dog rent for the fews days that he was there but I don't believe I should have to pay a deposit and monthly rent for a dog I don't own. Please advise me on what recourse I have. Did the landlord have the right to re-enter my apartment after the inspection to take pictures? Thank you in advance.


Asked on 3/02/07, 3:13 pm

2 Answers from Attorneys
Jeanne Whitney Whitney Law Office

Re: Eviction Question

I should have mentioned in my answer yesterday that you always have the option of moving out at the landlord�s request. If you were under a lease, the landlord would consider the lease broken and you would not have to pay rent for the months after you move out. Is it time for a fresh start? Can you afford the financial risks of staying? Good Luck

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Answered on 3/05/07, 11:05 am
Jeanne Whitney Whitney Law Office

Re: Eviction Question

You might wish to hire a local attorney. I work in Southern Arizona, so I won�t be able to help in court. It sounds like you have tried talking with the manager; can you try to explain this to the owner? Do put your offer to pay part of the deposit in writing! If that doesn�t work, it appears you may have only two choices. ONE pay the pet deposit as requested or TWO face an eviction action in court. You may be able to convince a Judge at the eviction hearing. For the hearing, bring all your witnesses in person, not their letters. If your sister can come that would be helpful. Bring all your documents, including the offer to pay letter. I would suggest that the dog be gone asap, if the dog hasn�t already moved out. You may be able to convince the Judge, you may not. If you can�t convince the Judge, you will be ordered to leave within 3-5 days, so be prepared. Also, you�ll have to pay the landlord�s attorney fees & court costs, I�m unsure how much this might be, maybe $500, maybe more or maybe less. Even if you do win, you might want to look for a new place because you won�t be getting along with the landlord. Look closely at your options, make a thoughtful, rational choice, don�t just worry about �who is right.� It might be worth it to just pay the money your landlord requested. Finally, about the landlord re-entering, check the language of your lease. Most courts wouldn�t find the landlord�s actions in coming back to take a picture of the dog unreasonable. Good Luck.

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Answered on 3/05/07, 12:03 am


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