# Stuck in dangerous boarding facility!



## lubylol (Aug 8, 2011)

Find a way to leave immediatly!
_Posted via Mobile Device_


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## BUEque (Dec 16, 2011)

The other boarder and I are looking at every possible option for leaving but the contract seems relatively vague enough to be solid, and paying the remaining board through the month of May isnt financially an option. Could any of those things be ground for breach of contract as the horses are knowingly being fed moldy hay by a negligent property owner? My horse had a choke a few weeks ago and the vet said most likely from the crap found in the round bale, but as it was not able to be proven that it was from the roundbale the property owner fails to see any fault on his part. We feel as if he has backed us in to a corner.


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## Klassic Superstar (Nov 30, 2009)

You should sit down with the barn owner and the son with other boarders, xpress your high concern in needing things to change for the safety of your horses or you will leave. You can take them to small claims court, documantate everything you can, emails, texts, pictures. If it's not safe why should you let your horse stay?! Not worth it.


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## BUEque (Dec 16, 2011)

We plan on getting together to meet with him this week but all previous experiences with him have been all but pleasant. If he refuses to make any changes would my only option be to pay him the near 2000 in order to leave or would we have grounds to challenge the contract all togther and take him on for negligence?


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## Skipsfirstspike (Mar 22, 2010)

I believe you said you already have photo documentation, correct? Great! Move your horse asap. Do not forewarn the BO, just get a trailer out there, a few friends to help load your stuff, and leave.
The BO is not fulfilling his end of the contract. The chances of him going to court and winning an order forcing you to pay are slim, especially with a "vague" contract, as you called it. You can pay him for one more month, that will cover a 30 day notice, which is far more standard in a boarding contract.


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## franknbeans (Jun 7, 2007)

Totally agree. I am NOT A LAWYER. I have no idea what country you may even be in.....so laws may differ, but at least here in the US-you have photo documentation, there are other boarders as witnesses, and frankly, as stated, it would seem the BO has already breeched whatever contract there may be by not providing a safe environment for the horses.

I would have had my horses out of there yesterday. Their safety is not worth it. let the BO try and sue you if he wants. I would think chances are slim he will even try, and if you have the documentation, he shouldn't have a leg to stand. on.

Just FYI-if anyone ever threw a rock at my horses-I would most likely throw one at them!:evil:


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## Saddlebag (Jan 17, 2011)

Your safety is also at stake with the equipment being stored in the barn aisles, should a horse side step and either of you collide with this stuff. Go barn shopping first and get the next place secured. Then as mentioned, take all your extras home. Have a trailer in the ready but well away from the property. Saddle up as usual and go for a ride, load up and go. If the trailer comes to the property the BO may create a big stink so have it a mile or so away.


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## outnabout (Jul 23, 2010)

BUEque said:


> The other boarder and I are looking at every possible option for leaving but the contract seems relatively vague enough to be solid, and paying the remaining board through the month of May isnt financially an option. Could any of those things be ground for breach of contract as the horses are knowingly being fed moldy hay by a negligent property owner? My horse had a choke a few weeks ago and the vet said most likely from the crap found in the round bale, but as it was not able to be proven that it was from the roundbale the property owner fails to see any fault on his part. We feel as if he has backed us in to a corner.


If the "vague" contract states that the horses will be properly fed then there is breach of contract on the barn owner's side of the agreement. Document everything, keep vet records of the choking incident, etc., take pictures, and then leave. Judging by what you have already said here, you have substantial evidence that this facility is not safe for horses and the owner is negligent in care for them.


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## mls (Nov 28, 2006)

franknbeans said:


> Totally agree. I am NOT A LAWYER. I have no idea what country you may even be in.....so laws may differ, but at least here in the US-you have photo documentation, there are other boarders as witnesses, and frankly, as stated, it would seem the BO has already breeched whatever contract there may be by not providing a safe environment for the horses.
> 
> Just FYI-if anyone ever threw a rock at my horses-I would most likely throw one at them!:evil:


Depends on the what the contract states. It's already odd that it's a 9 month contract.

The throwing rocks thing is odd. Usually requires two hands on the controls of the skid loader or tractor. How is he able to throw rocks?


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## Dreamcatcher Arabians (Nov 14, 2010)

If everything is as bad as you say, take a ton of pics before your meeting with him and then show him that you have the proof of the declining conditions. If he refuses to do anything, I'd quietly find another barn, move my horse and then tell him to take me to court for the remainder of the contract. I doubt he'll follow through, but if he does, you have your photos. 

Also, if you do end up moving, take photos of the new place showing how superior it is in every way to the current one, so that if you have to you can show that in court as well.


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## BUEque (Dec 16, 2011)

mls said:


> The throwing rocks thing is odd. Usually requires two hands on the controls of the skid loader or tractor. How is he able to throw rocks?


The BO drives the tractor into the pasture and the son and son's girlfriend are to keep the horses away from the tractor while they bring in the hay. Usually they just shoo them but at one point he decided it would be easiest to throw things at them instead... brilliant.

The other boarder and I are going to secure new facilities for our horses and then get them out asap. We do have the photo documentation to show negligence by the BO that creates an unsafe environment. We will offer to pay the next month's board to cover not allowing 30 days for notice and will have all of the documentation in order in case he chooses to pursue filing against us

Thank you everyone for the advice!


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## wyominggrandma (Nov 4, 2009)

Get your horse out now, then go to the BO and show the photos and tell him why you have left. If you go to the BO first, and tell him how upset and that you have photo, then you could end up with more issues if he thinks he is losing a boarder.
I would not keep a horse at a place that was not safe and as soon as I saw the BO's kid throwing rocks at the horses, I would have packed up that day. Next time a rock could hit your horses eye and put it out or some other issue.
Move the horse, don't pay another dime and let him take you to court.


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## Joe4d (Sep 1, 2011)

Take pictures, send a certified letter ( keep copy and reciept) and copies of pictures, say the safety issues need to be fixed immediately, and other issues need to be fixed by "X" day. Or you consider him in breach of contract and for the safety and well being of your animals I will be leaving on such and such a day. 
I am gonna guess it would work like a house rental. You have to notify the landlord of the issue, and then give a reasonable amount of time to fix it. At that point you can pretty much just leave if the problems arnt fixed. 
Knowing me I wooulda said along time ago hay you need to fix this stuff. I wouldnty have let much time pass before I moved out. Want me to pay till May ? take me to court, I have photos of the unsafe conditions.


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## AlexS (Aug 9, 2010)

What does your contract say about giving notice to leave? Can you type it out here?


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## ladybugsgirl (Aug 12, 2009)

the second that my horse was fed moldy hay and rocks or other things throw at them and any other lack of care I would have been gone without warning that very day.


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## AQHSam (Nov 23, 2011)

Load horse in trailer. Load your horse belongings in trailer. Drive away. Take this posting to court 45 days later if the owner has the nerve to try and enforce the contract.

He voided the contract by being negligent. You do not have to stay. You just have to be willing to give your side in court when he comes after you. If the other boarder goes with you, there is more power on your end. 

Document everything. Photograph all evidence of negligence. Then leave.

Personally, if I had any knowledge that a rock was thrown near my horse to move it, I would be in jail for the butt-wooping I gave the rock thrower.

I once ignored a nagging feeling I had that something was wrong. It cost me my dog's health. Trust me. If you feel you have to post it here - it's too late. You are failing to listen to your nagging feeling.


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## AQHSam (Nov 23, 2011)

BUEque said:


> We plan on getting together to meet with him this week but all previous experiences with him have been all but pleasant. If he refuses to make any changes would my only option be to pay him the near 2000 in order to leave or would we have grounds to challenge the contract all togther and take him on for negligence?


Load horse. Leave. He can't stop you from taking the horse off the property. He can only force you to pay.

Through the courts.

The courts will not side with his negligence if you can show any proof, such as photos. They may make him bring the place up and you return, but you can also argue the safety of the animal through his anger.


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## BUEque (Dec 16, 2011)

AlexS said:


> What does your contract say about giving notice to leave? Can you type it out here?


The contract doesnt specify anything about wanting to leave. It just says that if you choose to leave before the contract is up you will pay the remaining board up until when the contract would have expired, which in this case is the end of May.


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## wyominggrandma (Nov 4, 2009)

why in the world did you sign a contract that goes for at leat 5 months?? I would still leave immediately and then worry if he takes you to court, which I doubt he will since you will also contact him afterwards and tell him you have photos and proof of care that is detrimental to your horse. If you stay, you are risking your horse's health.


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## franknbeans (Jun 7, 2007)

I am with the group who says leave now, talk later. I would not give him a second with my horse after he thinks I may leave. So, go find a safe place to take your horse and move him NOW. No letters, talking, etc until after your horse and belongings are safe. You never know how crazy people can be, and he sounds borderline to begin with.


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## Beauseant (Oct 22, 2010)

ummm....folks, did I misread this or did the OP say the contract she signed is until MAY????? 


This could complicate matters alot.....per my understanding of what she wrote, she is OBLIGATED and bound to this contract for FIVE MORE MONTHS..... 

Legally speaking, paying the thirty days and leaving is NOT fulfilling her obligation...she will need to pay her monthly board bill times five to absolve herself of all further obligations to this barn owner.:shock: In other words if she signed a contract stating that she would be financially obligated to this property owner until may, the only way to fulfill her contract is to pay the remainder of her contract which is for five more months.

As for contesting this in court. I would not be so complacent in thinking the BO wouldn't take her to court.....in fact, I'd be inclined to think he would. Because she signed that she owes him until May, and not knowing how much her monthly board is, even if it is only 200 dollars a month....she still would owe him a thousand dollars. MOST people are not just going to let a thousand dollars get away....DON'T believe it for a second. 

As for contesting the contract, yes, if things are as she says and she has proof, she could try..... but negligence is a hard thing to prove. he could say the equipment was only in the aisle for a day or week, he could make excuses about the hay also, that he got a bad shipment, or that it had just turned moldy and was about to be replaced, etc..... to contest this contract in court, she is going to need a rock solid defense, which will include credible witnesses, thorough documentation of continued unsafe conditions...and a good lawyer.

What an awful mess...... I agree with Wyominggrandma, why in the world did you sign a contract that far ahead??? most boarding contracts are a single month by month....not year by year.....

sure, we all want to say "leave now, talk later" or "get your horse out today", but the fact of the matter is that she signed a contract stating that she would be a source of income for this BO until May....skipping out on the deal could very likely end her up in court, AND could cost her the horse if the ruling goes against her and she cannot pay the thousand dollars...or more, depending on her monthly board.....that she owes this BO. Because the facts are: legally speaking, if she skips out now, she owes this BO at least a thousand dollars....and if you think he/she won't "bother" with taking someone to court for that amount of money, you are dead wrong.


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## franknbeans (Jun 7, 2007)

Beauseant said:


> ummm....folks, did I misread this or did the OP say the contract she signed is until MAY?????
> 
> 
> This could complicate matters alot.....per my understanding of what she wrote, she is OBLIGATED and bound to this contract for FIVE MORE MONTHS.....
> ...


Sorry-I still disagree. There are also other boarders or so she says, so that means it is more than her word against his. I don't believe that the guy would take her to court, and personally, I would take the chance. I have enough lawyer friends that I would take the horse, and most likely have one of my lawyer buddies write the guy a letter, just to let him know it is not even worth a try, but, then again, I have sued GM (and won) played hard ball with the town in NY and won.......so not many cross me any more. I take no prisoners. :wink:


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## Beauseant (Oct 22, 2010)

franknbeans said:


> I have enough lawyer friends


 
Uh huh....but the OP may not. And I highly urge her to use caution in her decisions on this matter....and so should YOU as someone having dealt extensively with the legal system!!!

*Human nature is human nature and few people that I personally know would let a thousand bucks slip through their fingers without a fight!!!! *

AND proving the equipment is in the aisle is easy. Proving how long the BO had it there or intended to keep it there is a bit more difficult to prove. 

same with the hay, proving it is moldy is easy.....Proving WHEN it started to mold or WHEN the BO intended to replace it is much harder to prove.


franknbeans: you are doing the OP no favor by encouraging her to break a contract she signed and ASSUME that the BO will not sue for the remainder of the money owed, per the contract, which IS DEFINATELY not small change.


JUST MY OPINION....


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## franknbeans (Jun 7, 2007)

Beauseant said:


> Uh huh....but the OP may not. And I highly urge her to use caution in her decisions on this matter....and so should YOU as someone having dealt extensively with the legal system!!!
> 
> *Human nature is human nature and few people that I personally know would let a thousand bucks slip through their fingers without a fight!!!! *
> 
> ...


Yup-and I am entitled to mine. I know very few people who would spend thousands (yes, that is plural) to gain relatively little return. Most will not bother, let alone the time involved. Remember, there is no guarantee even if you win, that you will be awarded your costs, so to spend thousandS on legal fees over a thousand (for example) is not usually a good business decision. 
Besides, this is a small claims type case, so pretty piddly in the eyes of the legal system.
_Posted via Mobile Device_


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## Beauseant (Oct 22, 2010)

franknbeans said:


> Yup-and I am entitled to mine. I know very few people who would spend thousands (yes, that is plural) to gain relatively little return. Most will not bother, let alone the time involved. Remember, there is no guarantee even if you win, that you will be awarded your costs, so to spend thousandS on legal fees over a thousand (for example) is not usually a good business decision.
> Besides, this is a small claims type case, so pretty piddly in the eyes of the legal system.
> _Posted via Mobile Device_


But not so piddly in the eyes of the BO possibly....

My opinion stands: you and I DO NOT know or have read the full contract. You and I DO NOT know what the BO is capable of. You and I DO NOT know if she can successfully defend her case in court. 


What we DO know is that taking her horse and bolting IS LEGALLY a breach of contract. We DO know that the BO has every RIGHT< LEGALLY> to sue for the money owed him. 

You and I DO KNOW that almost every boarding contract includes a clause which PUTS A LIEN ON THE HORSE if the contract is broken.....

You can say you've never seen one stating this, and you probably will..... but EVERY SINGLE boarding contract I have seen includes this clause!!!! How many have I seen? Literally near a hundred, as we spent almost a year searching for a new barn, and during our search NO PLACE was considered unless I had a boarding contract at my disposal to read through thoroughly!!!! EVERY SINGLE ONE stated that if money was owed, a lien would be placed on the horse.....

You do not know if her contract states this, and in urging her to take the horse and go, you are giving her advice without knowlege of the stipulations.

I've had many boarding contracts pass through my hands, read for consideration, and passed into the garbage in the year we spent searching for a suitable facility.....they are not worthless pieces of paper .... they are not to be discounted and broken randomly. And while most BOs won't sue for a month of board if you take your horse and bolt without a 30 days notice, the whole variable of the situation changes DRAMATICALLY when the broken contract GUARANTEES the BO 5 months of board!!! The cost of which is well OVER a thousand dollars.....

And yes, we are all entitled to our own opinions. And in MY opinion, franknbeans, YOU are not giving the OP good sound legal counsel!


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## franknbeans (Jun 7, 2007)

And, as I said, I AM NOT A LAWYER, so legal COUNSEL is not my intent, and unless YOU are, it should not be yours either. You and I will have to agree to disagree, and the OP will have to do what they feel they need to.
_Posted via Mobile Device_


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## franknbeans (Jun 7, 2007)

As I stated in my very first post on this thread-I AM NOT A LAWYER, so legal COUNSEL would not be my intent, nor should it be the intent of anyone here, unless they are licensed in the jurisdiction being discussed, and know all the details of the situation. The OP is quite capable of making their own decision, I am sure
_Posted via Mobile Device_


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## Beauseant (Oct 22, 2010)

franknbeans said:


> And, as I said, I AM NOT A LAWYER, so legal COUNSEL is not my intent, and unless YOU are, it should not be yours either. You and I will have to agree to disagree, and the OP will have to do what they feel they need to.
> _Posted via Mobile Device_


The legal counsel statement was meant in a lighthearted manner .... hmmm....guess that failed in it's intent. 

OF COURSE, neither of us are lawyers...and we are both giving our opinions, BUT as someone who said they have had extensive experience with the legal system workings, you should know that breach of contract is a serious legality, AND that OFTENTIMES boarding contracts put a lien on a horse if the contract is broken or money is owed. You also KNOW, that from a legal standpoint, if the OP takes her horse and flees FIVE MONTHS before the contract ends, she LEGALLY owes her BO that five months board!!! 

Whether he will pursue the money owed him, which is likely well over a thousand dollars depending on her board price, is anyone's guess!!!

Maybe he will, maybe he won't.....but if there is a lien stated in that contract, it is risking the loss of her horse to ASSUME he wont' pursue her in court!!! Depending on the OP's attachment to her horse, that may well be too great of a risk to take.


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## Daisy25 (May 29, 2011)

BUEque said:


> I am currently under a boarding contract until the end of May but since I have been at this barn (since August) the quality and care has EXTREMELY declined. The owner's son now works with the horses and has absolutely no experience around horses...


Here is the first bit of confusion:

You have a contract with the barn owner - or his son?

You have been negotiating for the replacement of moldy hay with the owner - or his son?

Who own the tools all over the barn aisles? The barn owner or the son?


I think - if you haven't already...you need to address this issue directly with the owner - and point out that his worker (the son) is creating problems that will force you to look for a new barn.

Also - what about replacing the hay for your horse yourself...and deducting the expense from your next board check with a note? (After all, I'm sure the contract for boarding includes feed - if proper feed is not being provided, then you should be able to deduct that cost from your board fee.)

Just a thought...


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## Guilherme (Feb 15, 2010)

A contract is a two-way street. Both parties have burdens and benefits. If one party violates the terms and conditions of the contract that _might_ (note the conditional) relieve the other of further performance.

In this instance if the barn is not providing the _competant_ and _professional_ care implied (even if not stated) in an equine boarding agreement then they should move. If the barn owner sues under the contract the defense is failure to provide that professional and competant care. Of course the boarder is obligaged to bring proof satisfactory to the court that the terms and conditions of the contract _were_ violated. At a minimum, photos showing moldy hay, poor fencing, dangers in barn aisles, etc. will be essential to defense under the claim.

Indeed if a suit were filed by the barn owner I'd counter claim for the expenses of the move based upon the same evidence that justified the move. If the OPs state has any "consumer fraud statutes" (and many do) they might well be entitled to damages (often doubled or trebled), court costs, attorney's fees, etc.

If you're in a bad situation then leave. Document the reasons why. Safeguard this evidence. If a "party" gets started then you're ready to address any issues presented.

Note that the above does not constitute legal advice the OP should consult with an attorney in their jurisdiction.

Good luck to the OP in the matter.

G.

Member, State Bar of Texas (Retired)


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