# Owner is considering breaking lease contract



## krina001 (May 18, 2021)

Hi,
I'm going to try to best explain my situation without it being too lengthy. I recently (beginning of June) signed a full-lease contract until the end of August. It was agreed upon by me, the barn owner, the horse owner, and the horse owner's father that this would be a great situation for the horse (the owner wasn't 100% sure if she wanted to keep riding but the father didn't want to sell the horse yet). I've had a lot of experience with horses, but just can't own right now due to finances. I was planning on putting a lot of work into this horse, along with taking him to shows. I've already paid the full lease price for the month. Yesterday, the barn owner texted me saying that the horse owner had come out to ride him (which I wasn't aware of and I'm not exactly sure if that's allowed since I have a full-lease) and had a great ride, so now she wants to ride and show him this summer.
I'm a bit frustrated, obviously, since the contract clearly states that I have this lease until the end of August, etc. The barn owner said she's going to try to talk them out of breaking the contract, but can they even do that if it's signed? I don't think they can, but I also feel like I can't really stop them. She already told them no once, but they've asked again and she's supposed to call me about it later. I still am waiting for some more information, but just wondering if anybody has some advice for me. Any questions about the contract or situation, just reply and I will give you an answer!


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## tinyliny (Oct 31, 2009)

The can't, but it would require going to small claims court, and would be mmore expensive than it's worth. If they break the contract, they should reffund you ALL your money.


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## MeditativeRider (Feb 5, 2019)

The way I would see it is, yes it is annoying, but better to happen now than later on when you have put all the work in.

Also, the rider may just be doing this because she is feeling put out that you are riding. Kind of like seller's remorse (oh no actually I want that back now!). Particularly if the rider is younger (assuming since her father was involved too), it seems like an emotional response that would come with immaturity.

I would call her/their bluff and "yes sure, you can break the contract if you refund me the entire, full payment I made for this month, I would like that in my bank account by (X date and time)". I would also add "please note that if you do break the contract, I will not be leasing this horse again in future as I put a significant amount of time into X and this has disrupted my plans. I will now be looking elsewhere for a horse to fulfill my needs this summer".


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## krina001 (May 18, 2021)

tinyliny said:


> The can't, but it would require going to small claims court, and would be mmore expensive than it's worth. If they break the contract, they should reffund you ALL your money.


That is what I was thinking too. No way they’re breaking the contract without me at least getting my money back!


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## krina001 (May 18, 2021)

MeditativeRider said:


> The way I would see it is, yes it is annoying, but better to happen now than later on when you have put all the work in.
> 
> Also, the rider may just be doing this because she is feeling put out that you are riding. Kind of like seller's remorse (oh no actually I want that back now!). Particularly if the rider is younger (assuming since her father was involved too), it seems like an emotional response that would come with immaturity.
> 
> I would call her/their bluff and "yes sure, you can break the contract if you refund me the entire, full payment I made for this month, I would like that in my bank account by (X date and time)". I would also add "please note that if you do break the contract, I will not be leasing this horse again in future as I put a significant amount of time into X and this has disrupted my plans. I will now be looking elsewhere for a horse to fulfill my needs this summer".


Okay, thanks. Good input and will definitely be using if it comes to it!


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## Chevaux (Jun 27, 2012)

Does the lease have a breakup clause? Does it say anything, if there is one?

If things look like they truly are going sideways, I think you need to do all communications from now on in a recorded fashion (eg texts that can be saved) so that you will have documentation if it ends up in court. Documentation can be a real bonus and case winner rather than trying to remember and describe verbal communication before a judge.

I truly hope you will get your summer of riding in. Good luck.


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## krina001 (May 18, 2021)

Chevaux said:


> Does the lease have a breakup clause? Does it say anything, if there is one?
> 
> If things look like they truly are going sideways, I think you need to do all communications from now on in a recorded fashion (eg texts that can be saved) so that you will have documentation if it ends up in court. Documentation can be a real bonus and case winner rather than trying to remember and describe verbal communication before a judge.
> 
> I truly hope you will get your summer of riding in. Good luck.


Hi, I'm not really seeing anything in the contract for if they were to break the lease. But, there are these parts in the contract-
-----------------------------------
Owner warrants that he/she is the owner of the horse and agrees to lease said horse to LESSEE subject to the following terms of this agreement. 

Lessee Liability: All Parties signing as Lessee are jointly and severally liable for all obligations of this agreement, and have read and accepted all the terms on this contract

The Term of this Lease shall commence on June 2, 2021 , and terminate on September 1 , 2021 unless the parties agree in writing to continue the term of this lease in which case the new term shall be attached hereto, signed and dated by both parties hereto and these same terms and conditions shall apply thereto.

Modification of Lease: No modification of this lease shall be binding unless in writing and executed by the parties hereto. 

Disputes: In the event any dispute arises under this Agreement, the parties agree that said dispute shall be submitted to an arbitrator mutually selected by the parties and shall be governed by the laws of the state in which the Seller resides. The parties further agree that the prevailing party in said arbitration shall be entitled to recover its reasonable costs and expenses incurred, including reasonable attorneys fees.
--------------------------------------

So, it seems like I have protection, but I'm not even sure if it's worth it to go to court. I'm supposed to hear back from my barn owner today about if she can talk them out of breaking it, so we'll see! Definitely very annoying, since a week ago they were all on board and now they're doing this. But, what can ya do.


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## waresbear (Jun 18, 2011)

I would just want my money back. Who wants to deal with that kind of drama? Just imagine if owner agrees not to change her mind, you are schooling this horse for a show which you paid entry fees for & she flips again & says no, she is taking horse? Wouldn't surprise me.


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