STAMFORD - John, Janaina and little Maya Alves moved into their new apartment at 140 Grove St. in Stamford on June 3.

The next day, however, with their belongings still in boxes, the Alveses got a call from the landlord's secretary, who said that they must move out at once because they have a baby.

According to the apartment complex's bylaws, only two people are allowed to live in each apartment.

But John Alves says no one mentioned the two-person rule to them when they signed the lease and it did not occur to them to put down their daughter's name because she is only 3 months old.

Alves called the property manager's office at Grubb & Ellis in an attempt to clear up the misunderstanding.?I said, 'This isn't really even a third person, it's a 3-month-old baby,'? Alves recalled. ?He said that it's 'three heartbeats.'"

The landlord, Joseph Tomonto, was not immediately available for comment.

Alves said that under Stamford city regulations, three people can legally live in that apartment, and it has been reported that city and state regulations usually trump private apartment bylaws.

Alves said all they want to do is stay in the apartment for the remainder of their one-year lease.