If the service person files a lawsuit, you will be served with the paperwork. The lawsuit is unlikely to go anywhere unless he can show evidence of a bite and/or of medical treatment. To evict you, your landlord will have to prove that you violated a lease provision.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
He can talk to an attorney all he wants but I cant imagine that an attorney would be willing to file anything on this if there is no proof of a bite or any injury. The fact that animal control investigated and took no action speaks strongly in your favor, but your landlord may need a new service person and you may find that the lease will not be renewed once it is done.
You will know if a lawsuit is filed IF you are served with a Summons & Complaint. You could also check the local court index to ascertain if a lawsuit has been filed. Also, if you had renters insurance you should make a claim. You probably are not going to be sued based on the information received from the Animal Control Investigator. Remember, even if sued they would have to prove the facts of their case.
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
I suggest you grab a copy of your lease and meet with a landlord/tenant / real estate attorney about the demands that your landlord is making. The service person likely does not have a case for what sounds like a dog phobia, I think it's doubtful that an attorney would represent the service person unless the attorney is getting an hourly fee, and even then. . .
This response does not constitute legal advice and does not create an attorney-client relationship. Due to the complexity and ever-changing nature of the law and to the limitations of this forum, this information may not be adequate for your specific situation.
I agree with my colleagues. Without competent evidence, the claim appears to be extremely weak, if not frivolous. You just have to wait and see at this point. Interesting about the landlord being "advised" to ask you to remove the dog or move out. I wonder who gave her that advice.
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