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Discussion Starter · #1 ·
Hello Everyone,

I am definitely still a noob to this forum, but I have found the much needed guidance I was looking for every time I've asked for help. So here I am once again, hopefully one day down the road I will be able to return the favor to another noob in my situation.. Anyway, here goes my story..

I am the proud mama of a 5 month old male Dobie named Diavlo. He's not my first Dobie, but the 1st I've owned as an adult. I've waited over 12 yrs to be able to bring another Dobie into my life, but as soon as our base housing put out the message that we were allowed to have pets, so long as they were not on the restricted breed list (which dobes were not thank God) we brought one into our life. Mind you at first I was a little concerned with his behavior, but Diavlo soon learned what was appropriate to chew on and what was not (ie arms, hands, any appendages lol) and all was well.. He is the PERFECT FIT for our family.. Heck we have at least 2-3 kids a day that ring our doorbell and ask if Diavlo can play! Haha, pretty funny considering we have 3 two legged children in the home & he gets as many friends coming over for him as they do! He has never met a child he didn't love straight away.. I think this speaks for his "rep" in our neighborhood anyway.. So all is well until yesterday. We get a rap on the door and a note is left. The note is from our housing management, it says we are in violation of our lease agreement since we own a Doberman. We have 5 days to remove the animal or face immediate eviction! Mind you we were never told anything about Dobermans being restricted. Apparently a month after they allowed residents to own pets they added an addendum which included Dobermans.. Dobermans are 100% legal on base, this is just our particular housing areas new policy. Other housings on the same base allow Dobies, however there is no way we could move into one in the next 5 days. Basically I believe this to be scare tactics they use to try and make us simply put our dog in a pound. Which will NEVER happen, I will fight this tooth and nail from here to kingdom come if needs be.. That is why I am writing now. Please help to arm me with the info & statistics I need to defend this magnificient breed. Tell me what you think I can do to get them to see my Diavlo for the dog he is.. Not the vicious stereotyped Doberman that the media and some (slanted)statistics from the cdc that portrayed him to be.. And obviously warped their view of my boy. They've really put us in between a rock and a hard place here, 5 days to remove a much loved member of my family or be evicted from our home.. It's just not right.. Especially since we brought Diavlo home a full moth before they added their "anti-Dobie" addendum. Please, if you can think anything that might help our case, Share your advice with us as it would be very much appreciated!:(
 

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I can tell you from my recent search for housing that will allow my Doberkids that it may not matter what "arming" you do. Wrong or wrong, some of the insurance companies don't allow the breed(s). If your complex/landlord has insurance with one of these (satanic, evil, horrid, sh!teating) companies there is nothing really you can do. That said SOME insurers will allow you to obtain a ryder/policy on your own for liability in the event there is a dog related issue. I know it is not much, but it is all I can offer as to keeping your Doberkid and current home.
Apart from that, find a doggie day care (rental storage :p) that will keep your guy until you can move to other housing...?
Hopefully, some here will have a better plan....

Good luck, and don't give up....
 

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:( What a sad situation. Did you get anything in writing that gave you permission to own your dog? I live in a rental home and before I brought my dog home, I made the owner give me a written statement that specifically said I was allowed to own a doberman....that way she couldn't change her mind after I bought him. I would ask to speak with whoever is in charge and gather as much ammo as you can for your dog. Maybe have people who know him write letters that testify to his good temprament. Ask your vet to write out proof that he is a well behaved dog in good health. Ultimately though, there may not be much you can do. I would find a friend who could keep him long enough to move. If you couldn't find a friend who could foster him short term, find a boarding facility. Some people may not be willing to move over that, but personally I would live in a cardboard box before I gave up my doberman. Good luck to you...it really is a very unfair situation :(
 

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That's horrible. I really dont have any advice if it is the insurance causing them to do this. If it is just the owner, maybe you can have him meet your dobie and once he sees that he is a gentle dog. A friend of mine moved into an apartment complex that didnt want dogs larger than 20lbs. She brought her boxers to meet the owner and their sweet temperment changed the owners mind.
 

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Diavlo sounds like a really sweet dog but your housing people are obviously afraid that there is no guarantee that he will always be sweet and well-mannered to all children and adults all the time, forever. Obviously, something could happen even if it were a lab or golden but since it is a Doberman, IF something happens, they will get blamed for allowing a Doberman to be in their housing.
Try to think of it from their point of view. So, let's say you tell them you understand their concerns and can they allow you to have your dog if an adult is always there in the presence of neighbor children? or that he is leashed in public when off your property? or something to that sort. See if that can buy you some time and meanwhile, you will have had your dog longer, maybe enroll him in a good citizen class or something etc etc.
Try to work with them and see if they can work with you on a compromise of some sort where both you and they will be comfortable.
Then, in time, hopefully things will ease up. But if you have had him for only a month and he hasn't hit maturity yet, things can happen and things can change. There might be that one kid that annoys him or mistreats him...but if your dog is at all nasty to the kid, it is your dog's fault. That's just the way it goes. So, you need to protect your dog from anything that 'might' happen. Remember, you need to be there when your dog is playing with other kids. Because if something happens, they will take your dog away and you will regret not having taken that preventive step.
 

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I'm not too fimiliar with military housing on a 'base', but I assume this is what the OP was referring to?? If so, who owns the housing?? Military I assume, or an outside outfit?? Im not too sure how far this might get you with military personal, but if its non military owned (or maybe even if it is military owned), I would seek out a lawyer/attorney tomorrow that deals with tenant rights. I've rented out houses and some comercial space at different points in my life, and have come to realize that tenants have a LOT more rights than many landlords AND tenants are aware of, ESPECIALLY when it comes to how evictions can/should be handled. If their policy is now that dobies arent allowed, you may not be able to get around that, BUT a well written letter from an informed attorney may buy you some time. Moving may be a little easier to deal with if you could buy yourself 60-90 days.... A quick google search yielded at least 5 attorneys close to you who list "landlord-tenant law" among their areas of specialty, so I'd recommend doing a bit of research there. If that gets you nowhere, then I'd take other folks suggestion and start lining up temporary housing for the pooch.. Maybe ask the breeder you got him from?? Did the 'addendum' that included dobermans give any time-table, or other provisions to go by if you ALREADY own a dog thats now black-listed???
 

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Discussion Starter · #9 ·
This is all great stuff, I really want to thank you all from the bottom of my heart for taking the time to really think about my case.. Even if it was just to offer general support & compassion.. We could use all of it at this point, this whole thing has our heads spinning.. It's just so unexpected and so unfair that these beautiful dogs are blacklisted this way!

To give a little more background on my case though, the military housing I'm in (Deluz on Pendleton) was always the "no pets allowed" housing area on Pendleton until Feb of this past year. The day they made the "great change" in mid Feb they posted letters on everyones doors saying Deluz was now welcoming pets in there housing area. They were very general in the letter, simply stating there was a 2 pet limit and that no base restricted dogs would be allowed. They listed the restricted breeds which were pits, rots, wolves, coyotes or hybrids of the aforementioned breeds. So Dobies were definitely NOT on that list at that time. Here we are 3 months later (We brought Diavlo home Feb 17), to our complete shock we got the letter on our door! After calling immediately they explained to us that they created this "addendum" at some point after the original letter went out, and claimed that it was delivered to all the houses. Somehow they must have "missed ours" because the 1st time we saw this "Pet lease addendum" was today. They did admit that they weren't clear on the original letter. My husband then went in to try & speak to a manager 3 times throughout the day (I couldn't go, as I know at this time my rage over the situation would have only hurt our chances to work something out). Every time he went in he was basically given the run around about the manager being in a conference. We never received a return phone call even up to this point! On his last visit though, he talked to a womsn claiming to be an assistant, and she told him that since they are aware of us being willing to work with them, they will give us more time. She did not say if the time was for finding another place or possibly working out his being allowed to stay in our current house. Thats the thing with military housing, they are often not organized at all and have mass firings & rehirings of all their staff members.. However, nothing seems to change with the way they run things... Soooo frustrating!

So as for who actually owns the housing, it is privately owned. However, since it's on a military installation I'm sure they have a contract with the military that could be lost if they continually "screw up" for lack of a better term.

You all had some really great suggestions.. I'm looking into each & every one of them. I get the feeling that these added breeds they are now enforcing restrictions on could be considered case by case now that I'm reading into the "addendum" in a calmer manner then I originally did. They did specifically name Dobermans, but they also had a "catch all" phrase in there after listing the newly added breeds that read "and any other breed we deem to have aggressive traits on a case to case basis".

Madmoney.. You are absolutely right! I just looked up the whole CGI thing and they DID provide waivers for dogs who went thru CGI course with no problems! Getting on that 1st thing in the a.m and setting Diavlo up!

Audrey1.. You are absolutely right.. No matter how upset I am, I have to try & at least see there perspective. Coming at them yelling or visibly enraged will not help us to keep Diavlo here. I think if we vould show our willingness to see where they are coming from then they 'could' be more apt to working with us instead of being hard nosed about it. It's always better to at least try to be civil and understanding then to come out with the boxing gloves on.. (which is why I stayed home.. today anyway.. Lol but I will be sure to regain my composure in a timely manner so I can effectively help to win them over) After all if that route doesn't work, I can still put my gloves on again later.. Hehe.. Metaphorically speaking ofcourse!:D

That brings me to bottlefed89's suggestions on seeking out a good lawyer.. I didn't really think about that option before at all, but now that you mentioned it I see your point.. The law is usually in favor of the tenant, especially when it comes to evicting a family within 5 days! That has GOT to be illegal! I remember a family member who was also a landlord who had to wait months & months before he could evict his tenants who stopped paying their rent! I believe it took over 6 mos before it was all said & done.. So thats another item added to my "to do" list 1st thing in the morn :)

Once again I am sending out a HUGE thank you to each & every one of you! I will keep you all posted on how things go in the next few days! There is just no way in this world that I will EVER "get rid" of my boy.. A cardboard box it will be before I ever toss him out like yesterdays trash.. Not now, Not ever!
 

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What a tangled web some folk weave. The law is the law, this is why you guys have Gitmo and don't keep your terror suspects on US soil. (I know you class Gitmo as such but it does not appear on your flag as a State and so you can get round the legal niceties and hold terror suspects there without trial etc for extended periods which on US soil you just wouldnt be able. By the way I think you guys are A one with regards the way you deal with Terrorists, so please do not slaughter me for the Gitmo comment, it is done to illustrate you know what you can and cannot do and know how to get round it if necessary).

Under contract law (unless it is specified in the contract itself and you signed that you accept it) the 2 parties enjoined within the contract, ie the leasor and the leasee cannot make addendums unless both parties agree to and then sign the addendum. In other words, if I were your landlord and I decided to add, 'no person with purple hair is allowed to live in the premises due to their being placed on the persons without taste register' I must first inform all parties via recorded delivery (this is UK by the way so what you call the kind of post that is signed for on receipt may differ) that such an addendum is being put forward. You are able at this point to put forward your negation (if you have one). If you don't a new contract with the addendum is sent out to all tenants with the addendum in place and you are asked to read through, sign said both at the bottom and quite often at the side of the addendum to show you have acknowledged its prescence. (in most cases you are required to go into the offices to do this, however, sometimes this is waived and you can sign at home, sending it in whereupon it is signed by the landlord and voila, no one with purple hair can live in your house).
You simply cannot change a contract without prior warning. Now I accept they have said they wrote to all tenants and told them Dobes are now on the restricted breeds list.

My questions are....

How did they send this notification of change out. By recorded delivery? Hand delivered letter? Email? Smoke signals? Did they require all tenants to respond to the notification of change? Did they even bother to check if everyone had received this addendum, (check with your neighbours, the ones you get on with if they received such a notification of change, when, if it were just a generalised letter, ie to whom it may concern or if their names appeared on the letterhead, it is all pertinent, honest)

Has anyone received a new contract with the addendum clearly set out.

Does your current contract specify the dogs ie Pit, Rottie etc which are on the restricted register?

Or does it simply say, dogs currently on the regstricted register, leaving the breeds unnamed?

How is it worded basically?
If the contract is written cleverly there is nothing to stop someone saying the contract specifically states any and all dogs on or likely to be placed on the restricted register. I do hope the owners legal team are not this clever, but I have a feeling they may well be, however, all is not lost even if they are.

Does your contract stipulate the owner can amend the contract without prior notice to the tenant and or new contract being drawn up.

To give you 5 days to remove the dog is unreasonable. Request in writing not in person, not over the telephone, in writing, delivered by recorded delivery (where they have to sign for it) they give you an extension of say 90 days. They are likely to come back with a refusal and depending on how hard ass you are you can either stick with your request or chance it to say 60 days however, do not allow them to stipulate a stupidly short amount of time as you need to find a new home and this may take some time and the more you have, is all power to you. If they continue to say NO! Get them to put in writing what their objections are. Do not talk to them in person or over the phone about this, you must get stuff in writing.
Eviction cannot be carried out in 5 days, even your law courts aren't that efficient. I would have thought depending on how good they actually are and how much of a backlog they have it could take anything from a couple of weeks. They have to serve you with a notice of eviction, it then has to go to court, at each step you can argue you are trying to find somewhere to live etc and ask because of the courts indulgence in regards allowing you time. If a notice to evict is granted it then has to be served using Bailifs. For heavens sake make sure your dog is not on the premises if they do come in with the Bailifs, as friendly as he is, your upset and the removal of your stuff out onto the street is likely to send him bonkers. In the UK and as I have said I do not think your courts are so underworked that they have nothing to do but sit and wait for your case to come forward this process takes anything from 30 days to several months.
However, the landlord can and I think it likely request the local animal welfare officer or whatever you call them remove the dog and they may just attempt to do so. However, if they were to come for the dog you must insist on seeing the court order ordering removal of the dog and where it is to be taken.
I would suggest you have a back up plan if this looks likely.

If you are given an extension to finding alternative accomodation for your dog then please do not exceed this, this will bring down the dog warden and or the police for sure.
You could give what is called a 'notice to quit' to your landlord, stating that you and dog will be out of the premises in x amount of days. He may accept this and leave you to pack your things, find a new home etc, but you obviously have to have somewhere to go.

In the meantime get as many affidavits as to your dogs character as possible, enrol him in the good citizen thing you guys speak of.

In the end the landlord will win, but he is constrained as much by the law as you so use it. Get advice from a lawyer and above all do not ignore this problem, use everyday to find you and your dog a new home and get it in the contract this time they will allow you to have a Doberman.

Last but not least, stop letting him play with the kids on the block, if he is outside he can be grabbed by the animal control officer. Keep him with you at all times.

I must stess all my legal know how is UK related but I feel sure some if not most can be applied to the US system.

Good luck and keep us informed.
 

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Everything is very different and in shades of grey when it comes to Military housing. I would ask for a waiver due to the fact you had him before the rule was in place? (GRANDFATHERED IN) if they do such things??? Maybe you could have him registered as a thearapy dog? The vet might call him a "MUTT" for you??? I would try everything and everything; However you are probally just going to spend a lot of time barking up a DEAD TREE... Looking for another house is going to be your next step.

My husband is in the Air Force, I ALWAYS come upon Dobermans in local shelters and unfortunatly it's sad that he can't suggest them to his "friends or work friends" because I also know of the Non-Doberman friendly rule as well as transporting them to another country, it becomes tricky...

Good luck with finding your answer and keep us informed with what they told you.
 

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Military housing rules - the military now farms out their housing management to a private company and a couple years ago they banned certain breeds from military housing and Dobermans were one of the ones banned. So the rule has been in place for about 2 years now if I remember correctly.

So the military has taken a hands off stance on this issue as they are now "guiltless" of this stupid rule. Military police dogs are the exception and are allowed.
 

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Military housing rules - the military now farms out their housing management to a private company and a couple years ago they banned certain breeds from military housing and Dobermans were one of the ones banned. So the rule has been in place for about 2 years now if I remember correctly.

So the military has taken a hands off stance on this issue as they are now "guiltless" of this stupid rule. Military police dogs are the exception and are allowed.
What about a registered Thearpy dog?

Or a doberman mutt cross breed??? you know nothing looks more doberman then a Dobe-greyhound??? a little joke
 

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Everything is very different and in shades of grey when it comes to Military housing. I would ask for a waiver due to the fact you had him before the rule was in place? (GRANDFATHERED IN) if they do such things??? Maybe you could have him registered as a thearapy dog? The vet might call him a "MUTT" for you??? I would try everything and everything; However you are probally just going to spend a lot of time barking up a DEAD TREE... Looking for another house is going to be your next step.

My husband is in the Air Force, I ALWAYS come upon Dobermans in local shelters and unfortunatly it's sad that he can't suggest them to his "friends or work friends" because I also know of the Non-Doberman friendly rule as well as transporting them to another country, it becomes tricky...

Good luck with finding your answer and keep us informed with what they told you.
Therapy dogs are NOT protected under housing access laws.

And, lying about what breed a dog is, that's absolutely underhanded and counterproductive. Vets do have COE and licensing restrictions to follow, you know. I somehow, from her limited posts here, do not see the OP as a dishonest person, and don't believe that's a suggestion she'd be interested in.

There are ethical ways to keep her whole family together.
 

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Under contract law (unless it is specified in the contract itself and you signed that you accept it) the 2 parties enjoined within the contract, ie the leasor and the leasee cannot make addendums unless both parties agree to and then sign the addendum.

In the US, this is not always true. Strict contract law does not always control landlord/tenant regulations as there are generally separate statutes that control everything, including notice and the lease. Even under normal contract law in the US, you are not required to deliver anything under certified mail (or registerd post). Military housing can be even more different as there can be separate rules under the UMCJ. So, while it may be true "the law is the law," that law can and does change upon the circumstances.

Believe me, I've received notice of rent change or what not via a posted advertisment on the door, which yes, is valid if you go on to month to month (at the end of your lease). So long as you accept via paying the rent, you have accepted the new terms. Otherwise, you have the right to leave within the specified time frame.

Very likely, an addendum like this, does not need a signature of all of the tenants. Now, the notice issue (5 days) is absolutely valid, but there may have been boilerplate language that allows for the addendum in the original lease, or may have been on the original change of the Breed specific listings. It absolutely can be a generalized notice, without specific names on the letterhead, as that can be allowed in certain circumstances under US law.

I do agree get your conversations in writing and/or any promises or extensions they are willing to give in writing.

You could give what is called a 'notice to quit' to your landlord, stating that you and dog will be out of the premises in x amount of days. He may accept this and leave you to pack your things, find a new home etc, but you obviously have to have somewhere to go.

You can give notice to vacate, however the amount of days is dependent on the terms of the lease. If they find you in breach, that may not be the same amount of days.

In the end the landlord will win, but he is constrained as much by the law as you so use it. Get advice from a lawyer and above all do not ignore this problem, use everyday to find you and your dog a new home and get it in the contract this time they will allow you to have a Doberman.
If you do get an attorney, find one that specializes in real estate or landlord/tenant law. They will have the best chance of being able to help you.
 

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Discussion Starter · #19 ·
I have wonderful news!! In fact, it's so wonderful I'm afraid to believe it's the truth.. Or the last I hear of it anyway, but I will be sure to dot all of the i's & cross all the t's on my end.. That's for sure! (in other words, ill be sure it's in writing :)

So as quickly as they sent out what basically appeared to be our "eviction notice" (since there was no way Diavlo was going anywhere w/o us anyway) we have now just as quickly been given the "ok" to have him stay here in THIS housing for good :) I don't understand exactly how they came to this 180 degree turn about on his being allowed to stay, but they did. My husband and I walked around housing yesterday with our boy happily in tow, and spoke with many members of our community. We "talked" about getting a "Diavlo is a great neighbor" petition going, and every person we spoke to was on board with signing if we did draw one up. We also spoke to people who owned GSD's, Huskys & malamutes (all these breeds had more death related dog attacks according to the cdc fyi) and NONE had any issues with housing having a problem with their breed. Also, NO ONE remembers receiving this addendum at all.. Very fishy.. So for the 5th time in 24 hrs hours, my husband went to housing to try & speak with the manager this morning.. He went prepared to let them know we could get a petition from our neighbors that I mentioned earlier, that we would take Diavlo through any testing or course they wanted us to, and that if they still could not allow him to stay then please simply give us a reasonable amount of time to find another house for us to move into. However, the manager barely even looked at him or acknowledged his presence before she simply said, "he can stay". He was almost speechless, but managed to get out the all important "Can I get that in writing?" question.. So, it seems that they will have a clause put into this addendum that we will be signing this afternoon.. Diavlo will be grandfathered in since this shady "addendum" was not properly mailed out to each & every resident of Deluz! Saved by a mistake on their part! I guess they were hoping we'd "tuck our tails and submit" to their demands.. They were mistaken though, WE ARE Dobie parents after all.. Its just not in our nature I suppose!! Lol!

So I want to thank each and everyone of you for taking the time to support & help us with all of your wonderful advice! It helped more then my words can accurately describe at this point! Thanks a bunch fellow Dobie Lovers!
 

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Superduper awesome, and make daggone sure you get it in writing!

I still think getting his CGC is a great idea--do pursue that.

And, if all else fails, you can still change his name to Angelo :p
 
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