# She backed out of a lease - WWYD?



## themacpack (Jul 16, 2009)

Ultimately, which is more important to you - sticking to the lease or the safe and speedy return of your horse? I know the answer is likely obvious, but it really does boil down to that. Yes, technically speaking she is bound by the lease and she should pay the shipping, etc - and you could enforce that -BUT, enforcing those terms legally will be a lengthy process and, in the meantime, your horse will be who knows where, getting who knows what kind of treatment. Ultimately, I would make whatever arrangements I could to get the horse back safely and THEN pursue the rest of the matter after-the-fact. Print and keep her e-mail and any other communication you have with her, keep any and all receipts that are involved in whatever arrangements you make to get the horse back to you, etc. With the signed agreement and this documentation, you have a decent shot at a small claims case, if you decide it's worth it to pursue (I'm all for holding people to things - just know that the process will not be quick and the expense of your time may not be worth it in the long run, that's your call)


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## Speed Racer (Oct 21, 2009)

Well, I doubt that the BO is going to give her the board money back, regardless of when you pick up the horse.

If it were my horse, I'd rent a trailer and go get him. 

The lessee sounds like a total flake, and not someone I'd want near my animal.

I'm surprised you didn't run a credit check and references on her. A credit check would probably have turned up some interesting things.

You can always send this fruitcake a bill for shipping, but unless you're willing to take her to small claims court, don't expect her to pay.

Go get your horse, and chalk it up to a lesson learned. At least she didn't try to sell him, which is what some of these creepers do.


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## shesinthebarn (Aug 1, 2009)

My big concern is where to bring him! Like I said, his stall is currently occupied. I'm calling everyone I know to find a place for him. My farm will have a stall in 2 weeks though. I know the farm where he is and it's a very reputable place run by a very well respected trainer. Maybe I'll ask if I can pay a daily rate there untill I get a free stall at my place. The woman I leased to works there though, and I don't want her anywhere near him if that is what happens. I know I'm being petty but I'm not a happy camper. Blame the pregnancy hormones for the bitchiness I guess. On the upside, that farm is less than 10 minutes away. 
Now to find a trailer...and I'll send her the bill for the shipping. Not that I think I'll get the $$ but more to make a point. If you commit and sign your name to something, you should honour that agreement!


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## Speed Racer (Oct 21, 2009)

shesinthebarn said:


> If you commit and sign your name to something, you should honour that agreement!


Sister, you're preachin' to the choir here. I agree with you 1,000% :wink:


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## shesinthebarn (Aug 1, 2009)

No, I didn't do a credit check but I did speak to her employer. She is a trainer/judge and she gave her a good report. Said she is reliable and good to the horses. I have a lot of respect for this lady so I took her word for it. 
I'm going out there in a little while to get the scoop on what the heck is going on...will update.


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## Speed Racer (Oct 21, 2009)

Well, you apparently did your homework on this woman. I wonder what her employer has to say about her now?

Yes, please keep us updated. I'd like to hear how all this turns out.


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## themacpack (Jul 16, 2009)

BTW - the other issue with pursuing this via small claims -- even if you do win and are granted a judgment, that doesn't guarantee actual collection/payment of the judgment. 
Again, NOT saying you haven't got every right to pursue this or that she should not be held to the contract (I am 10000000% on your side on that matter), just saying that unfortunately what "should" happen isn't what usually ends up happening.


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## wyominggrandma (Nov 4, 2009)

So, the barn where he is at now is about 10 minutes away from you? And you know the owner/trainer at that barn? Maybe talk to him/her and see if the horse can stay at that barn until you have an opening in your barn. After all, tell him/her what happened, show the paperwork, contract and email and maybe the money will not be returned to the leaseee and your horse can stay there since a stall has already been paid for until you have your stall open again.
Course I look at the bad side, and maybe this person has found another horse to lease/buy and wants yours gone fast to use the stall she has already paid for.
Good luck, keep us informed


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## Speed Racer (Oct 21, 2009)

Wyoming, from what the OP posted, it sounds to me like this woman just doesn't have the money for the lease.

We all know people like that. They WANT something, so instead of logically thinking things through, they bulldoze ahead and think by some miracle it's all going to work out.

Then reality sets in, and they realize they can't afford it.

I have no sympathy for the lessee at all, just saying this may be the case.


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## shesinthebarn (Aug 1, 2009)

^^this is what I am discovering. The lease is pretty iron clad, IMO but the cost of persuing this in a leagal way is just unrealistic. Makes me wonder why some contracts exist at all. It just boggles my mind how someone can take a commitment like this so lightly. I'm so not like that I have a hard time wrapping my mind around it. This woman is being very non-comunicative. Not answering her phone or responding to emails. Hence, I am going in person to her farm to straighten this out. Will resist the urge to jersey her....(sorry, too much play-off hockey!)


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## AfterParty (Jun 4, 2010)

Yeah my first concern would be getting the horse home and finding somewhere for him to go .... Then i'd deal with that women . People can be so frusterating sometimes . The best I would do is send her the bill for trailoring . I had a girl pull out on a lease with me too she was leasing for a month and then she told me ( text me ) as of that moment she wasnt leasing anymore :s . I fought and fought that she still had to pay me for the month because it was her choice to back out with no notice , there was no winning with her * sigh * but its the principal of following up with her so maybe she'll learn for next time. 

Good luck on getting thing figured out , It sucks when you have an experience like this makes you never want to lease out again !

I highly enjoyed you saying you'd jersey her haha get your money first then do it and RUN !


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## corinowalk (Apr 26, 2010)

This situation stinks...i feel for you! I would talk with her BO and make sure that she wasn't getting her money back. I would see if they could keep him there until you had an open stall. If the horse is at a really nice facility, they arent going to let anything bad happen to him. Especially if the BO is someone that you know and trust. That way, you will have a trailer, a place to put the horse and she will be out her board money. Since you wont see a penny from this girl, make sure she doesnt see a penny of that board money back.


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## kathryn (Jan 16, 2009)

Geez, what is it in the air that is making everyone screw over their lease partners???

But perhaps your horse could be field boarded at your stable just for the few weeks?


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## shesinthebarn (Aug 1, 2009)

So I went to the facility where my horse is to see the woman. My horse looks very happy and is getting on well with his new buddies. That was a relief.
The woman was very unapologetic. She says her hubby has injured and has to go on disability so that is why she can't keep him. I am trying to be understanding here, but I still feel like she has to take some responsibility in the situation.
The BO is judging out of the country this week so I couldn't speak to her. I spoke with her hubby though, and explained the situation. He said the board is paid in full for the month so the horse can stay. The woman I leased to is not to have any contact with my horse. He offered to get one of their assistant trainers to do some work on him for a reduced rate to help get him sold faster and for a better price. Selling a horse out of their place almost guarantees a better price so that is a good thing. I can't ride him myself as I'm 32 weeks along in my pregnancy and the horse is green.
I think I will take him up on the offer and put soe miles on my horse for a little extra $$. We'll see. I'm just super happy that I have a safe and secure place to leave him for the month and I'm not out of pocket for the next 30 days. I nicely but fiirmly told her that I expect her to call me and inform me when the shipper will be delivering my horse at the end of the month. She didn't say too much...


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## kathryn (Jan 16, 2009)

Aw yay I am glad you found a good solution and that the BO's husband is being understanding and helpful.


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## themacpack (Jul 16, 2009)

What a wonderful outcome to a crappy situation. Maybe it was meant to work out this way and it just took a seriously stressful detour to get you there?


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## shesinthebarn (Aug 1, 2009)

Eeek...stressful is an understatement. Again, I'm gonna blame it on pregnancy hormones, but this whole situation got me pretty upset. I think it's that I had resigned myself to selling my horse than was elated that I got to keep him because of the lease. Now I'm deflated because I do have to sell him, and ASAP. Oh well. I guess this is the best outcome of a crappy situation.
Thanks for all your support, guys.
Oh, and if anyone in Ontario wants to buy a nice reining bred palomino gelding, get in touch!


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## Speed Racer (Oct 21, 2009)

He's purty, but I don't do reining, I'm not anywhere near Ontario, and I already have my horsey quota at the moment. 

Yes, preggers hormones will make you weepy one minute, and violent the next. 

Sorry it didn't work out with the lease, but I bet this new situation will turn out to be the best for all of you, the horse included.


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## churumbeque (Dec 20, 2009)

I don't understand why a shipper would be involved for your horse that is 10 min away???? No one would be shipping my horse any where. And you have a trailer??? Any way sounds like you have it worked out. Small claims court is not expensive so that isn't an issue if you decide to pursue a claim.


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## AlmostThere (Oct 31, 2009)

churumbeque said:


> I don't understand why a shipper would be involved for your horse that is 10 min away???? No one would be shipping my horse any where. *And you have a trailer???* Any way sounds like you have it worked out. Small claims court is not expensive so that isn't an issue if you decide to pursue a claim.


She did not have use of her own trailer for one week because it was being used at a show somewhere else.


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## shesinthebarn (Aug 1, 2009)

^^It's an issue because in the agreement she agreed to look after return shipping. I jsut feel like she should be held responsible for SOME part of the agreement. Yes, I ccould go and get him, but it's the principle of the thing. Yes, I have a rig. The farm where she works has rigs available to her for a fee so I feel like she should look after the shipping as per our agreement. It may seem like splitting hairs to some but not to me. Her farm is 10 mins from my place, but the farm where I work is an additional 10 mins away. I don't live on the property where my horses live; I only work there.


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## churumbeque (Dec 20, 2009)

AlmostThere said:


> She did not have use of her own trailer for one week because it was being used at a show somewhere else.


regardless where of her trailer was she was to ship it back. If my horse was that close shipping would not have even been an issue in the contract. I would want to haul it myself and would not have wanted her to do it. Now if I didn't have a trailer at all then it would be important


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