Most landlords will have a tenant requesting a “service” or “companion” animal and show a vague note from a doctor supporting this request. This is an area where the unwary landlord can be bitten pretty hard, but here is an idea which may work, even if it may be almost impossible to get the DA or Police to file an action. Cite Penal Code §365.7 to the tenant and say if he is misrepresenting that his dog is a Licensed or qualified service animal, then you will bring an action against him citing this statute.
Penal Code §365.7. Fraudulent representation as owner of guide, signal, or service dog
- (a) Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog, as defined in subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.