# What rights do Barn Owners Have



## Avna (Jul 11, 2015)

What does it say on the lease contract? Start there.


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## bsms (Dec 31, 2010)

Our county bar association has a program. Pay them $35 up front, and they will recommend a lawyer who specializes in the area of concern. The $35 includes 30 minutes talking with the lawyer. That ought to be long enough for a lawyer to hear your problem, read your contract and give you some options.

We used to have an HOA here. Before it was disbanded, the BOD needed to collect fees from people who didn't want to pay. The CC&Rs indicated the BOD could do most anything. But it turned out state law required the owner be told, in writing, 2 times, spaced (IIRC) one month apart before any action could be taken. The letters needed to contain certain information to be legally valid letters.

That may have no application to the OP's situation, other than state laws vary, as do state court decisions affecting contract law. So it is important to ask a lawyer licensed in your state.

I would not block customer access to a business operating on your property without first talking to a lawyer. My guess is you cannot do that without first taking other steps. But I'm not a lawyer and I've never been to your state...


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## AnitaAnne (Oct 31, 2010)

Horse4Life said:


> I own a barn and I am leasing part of my barn out and the person that is running a boarding/training/kids program. They are behind in board, causing drama and not being friendly to others in the barn. Its not a good sitituation. As the owner of the barn what can I do? She wants to have a horse camp for a week I have said no till payment is paid. Do I have the right to tell people I am sorry that you can't come in? Its defintely not the reputation I want out there but not getting paid is not right. New people won't come in because she is there. Thoughts?


Not sure of NY laws and I'm not an attorney so this is not legal advice. But a sign saying "MY BARN -MY RULES" couldn't hurt!! 

Some questions you could ask yourself to get a better idea of how to proceed. 
1) Do you have a contract?
Written contracts make life a bit easier, usually any thing not written down could be inferred to be not permitted.

2) Does the contract cover use of the arena? 

Does everyone have access? Is there a rental fee for exclusive use of the arena? If all your boarders are allowed to use the arena, you could refuse the camp on the grounds that it would restrict the use to other boarders

3) Do you charge a fee for her ability to use your property for her professional services? Did you ever give permission for her to give lessons? Does your insurance allow this? 


Most agreements can be changed, so you could just write up new contracts for everyone outlining new rules (maybe can use insurance concerns as a reason). If they didn't want to sign them, give them a thirty day eviction notice and your problem boarders could be gone. 


Most boarding barns, even with contracts, can evict someone for non-payment. All boarding contracts should list rules for non-payment. Most would put a lien on the horse & tack within 30 days of non-payment. 


Look into your rights as a property owner. It may be simpler than you realize to get rid of your problem boarders. My guess is this person needs you and your facilities more than you need her and her problems. Get her gone.


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## farmpony84 (Apr 21, 2008)

I'm confused on how you are doing this. I want to understand what you are saying. You are leasing half your barn to someone. This someone is then using it as a training/boarding facility so she has people paying her to board horses in the portion of the barn you are leasing to her?

My train of thought here is that you MAY have the right to sell her horse for the money that is owed to you. IF she is keeping one of her horses at this facility. It would depend on your state laws but I know here if someone is behind 3 months then the owner of the facility can take possession of their horse to get their money back. I'm not saying you should do this, but if it's a legal right - then you could maybe use that as leverage to get her to pay you the money she owes you.

You'll have to see what the laws are as far as leases go. If she is leasing your property to run her business you may not have the right to tell her she can't run her camp even if she is late on her rent because you'll have to do some sort of eviction type of scenario and I would assume that's a 30 day thing at least.

Sorry I'm not any help.

You may be able to evict her and keep her boarders. They would just have to pay you instead of her. You could make it a self-care barn.


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## horselovinguy (Oct 1, 2013)

Try this.... 
_https://www.equinelegalsolutions.com/new-york-law-non-paying-boarders-legal-remedies.html_
It may answer some of those questions and give you a place to start for information...
I'm hoping you have some kind of lease/boarding agreement in place with specific details written in...

You can also put legal liens _on the horses_ along with owner and business entity...you do need certain things in place first though...
But you have rights, legal rights...speak to a lawyer though that has the correct specialty to get proper advice and representation done.
:runninghorse2:...
_jmo..._


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## Boo Walker (Jul 25, 2012)

Once you have determined the eviction steps required by your state, stay on top of everything! If you have to file paperwork from the courts to evict her don't miss your date. If you miss a date you'll have to start all over, court fees, eviction paperwork filed, etc. 
Keep all your correspondence with her including the contract she signed and your ledgers of payments received and missed.

I've seen several cases where the person had been served a 30 day eviction notice, then came up with a couple hundred dollars to try and get back board caught up. Once the barn owner took the money, right on cue the boarder made no more efforts to pay and the whole thing had to be started over. It gave the boarder another 6 months of eviction notices before they finally left, only to start the whole con over again at the new barn. 
Your legal team can tell you what your rights would be if you accept any payment or if f you just have to cover the costs of feed, hay and labor yourself while waiting for the eviction date.


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## Foxhunter (Feb 5, 2012)

Haven't a clue regarding the legal side of things but I would tell this person that it is time to talk. 

Tell them that they are behind with their board and you want paying up to date and when this is done you want a months rent in adavance from then on. 

Secondly tell them that they are part of the barn, they are not in charge, they have no right to cause drama and upset the apple cart. Use this pep talk as a warning whilst looking at legal advice to get them ousted of that is what you want.

Quite often a good talking to works wonders.


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