# Boarder that won’t leave



## QtrBel (May 31, 2012)

Have you given written notice? What does her contract say about leaving at the request of owner/manager? She needs the written notice that you have proof she received to get authorities eventually involved if this continues. Short of that and there are places she can go, can you have someone there when you aren't or personally clear your schedule and just wait. If you know when she is likely to show because she doesn't expect you there then be there. Move your vehicle or use another and don't park in same spot if that is a give away to you being there. Have someone there that can back you up even if it means having a trailer hooked and ready to offer to move her. Now I don't know where you'd bring her if she doesn't have a space at her home or what the laws are and who they'd favor but I'd look into that legal recourse as well.


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## DressageLady (Nov 25, 2019)

QtrBel said:


> Have you given written notice? What does her contract say about leaving at the request of owner/manager? She needs the written notice that you have proof she received to get authorities eventually involved if this continues. Short of that and there are places she can go, can you have someone there when you aren't or personally clear your schedule and just wait. If you know when she is likely to show because she doesn't expect you there then be there. Move your vehicle or use another and don't park in same spot if that is a give away to you being there. Have someone there that can back you up even if it means having a trailer hooked and ready to offer to move her. Now I don't know where you'd bring her if she doesn't have a space at her home or what the laws are and who they'd favor but I'd look into that legal recourse as well.


I did write her notice but she refuses to do anything in person, over the phone (unless it’s text) as she must document everything. She apparently learned that from her last barn. I can move my truck to a different spot but I feel that she wouldn’t care and would come in anyways. She wouldn’t drive 40mins just to turn around. I’ve tried contacting an Equine lawyer to ask these types of questions on what I can do, but of course I haven’t received any response yet. She has her on stall board. The most I could think to do was to move her to the outdoor arena and monitor hay and water so I can charge her a daily fee now based off of the services provided. Make it so she can’t afford to stay.


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## Bob The Snob (Apr 13, 2021)

That's a great idea about taking her off stall board, but make sure that it is AFTER your contract's leaving time is up so that she can't come back and say that you weren't fulfilling your contract. Try to make it as easy on you as possible. Send a really really clear email if you haven't done so already clearly saying when she has to be out. Then on the day send her an email or text and say that she has to get her off TODAY, or that you'll take her under legal action. And isn't there an abandonment phrase about leaving your horse somewhere that you can't?

Anyway - don't fight with dumb people. They bring you down to their level and beat you with experience.


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## DressageLady (Nov 25, 2019)

Bob The Snob said:


> That's a great idea about taking her off stall board, but make sure that it is AFTER your contract's leaving time is up so that she can't come back and say that you weren't fulfilling your contract. Try to make it as easy on you as possible. Send a really really clear email if you haven't done so already clearly saying when she has to be out. Then on the day send her an email or text and say that she has to get her off TODAY, or that you'll take her under legal action. And isn't there an abandonment phrase about leaving your horse somewhere that you can't?
> 
> Anyway - don't fight with dumb people. They bring you down to their level and beat you with experience.


I’ll be sending her another message today regarding her horse being left outside and charges based off of daily rate, hay intake, meds etc. Horse has heaves and she requires meds 2x a day. Her notice was up yesterday evening. She still has yet to have plans to leave. She thinks legally she can stay until she finds a place suitable for her horse. I don’t know what I can do legally unfortunately. The inkeepers act is normally a couple weeks and unpaid.


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## ACinATX (Sep 12, 2018)

Maybe I missed this, but... you said you gave her written notice. Per the boarding contract, how much notice do you have to give her? If the written notice you gave her was less, then I think she does still have the contractual right to be there.


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## carshon (Apr 7, 2015)

I would also document anything and then send her a letter via the mail to her home address and make sure she signs for it. I would also increase the fees calling them guest fees since she is without a contract until such a time she refuses to pay them. Make her fees due daily or something equally hard to meet and then state to her that she has not met the obligation. make sure you post the "guest" fees at a public place in the barn so she does not claim they apply only to her. I'm sorry this is happening.


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## Knave (Dec 16, 2015)

I think you should look up what the usual response is. If a horse is left on the property for so many days following final notice does it become property of the barn owner? If that was the recourse I would let her know there are consequences to leaving the horse. Without consequences she may just stay.

I would be worried, if she has had problems elsewhere, that she knows the laws better than you.


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## horselovinguy (Oct 1, 2013)

Put all in writing and send with _*signature required*_ as proof it was received.
A contract {hope you have one} has terms both parties must adhere to.
She was given notice to vacate said premises..
She was given a date to do so and now has not paid but one day of board puts her in arrears.
I would contact authorities and tell them you have a animal on premise that needs removed, owner has broken her contractual obligations and you would like guidance on how/when to proceed and who is permitted to remove said animal now in jeopardy of seizure for non-payment of fees owed for services rendered.
If that communication to said boarder was sent by text/messaging hope you put a tracking to that too so proof it was opened and received by whoever owns the device it was sent to...but someone had to open and got the message.
The drama part is "welcome to bad boarders" and yours to bear.
The fact the board is not paid, a lien now should be placed and a seizure notice enacted...and for goodness sake don't accept one dime, not cash a check and refuse a money transfer.
You need to build the case for the horse to be removed and surrendered to authorities such as animal services or what ever branch of government in your territory does animal issues.

Some things work similar no matter where you live...
You need to build a paper-trail she can not refute if this gets nasty.
I think you may also, because of the situation of her animals safety and the upheaval at your business put in place restrictions of times she may come and where she may take the animal on your property. No longer does she get to go just anyplace.
She has set barn hours, days and times and otherwise she is not welcome.
And, you have the right to lock her out, yes... close the gate and lock it...if she crosses on to your property when not in accord with the new conditions of her horse being present till new accommodations are found...that is illegal and she can be arrested, charges pressed against and then possibly a immediate removal of said animal and that persons personal items removed at that same time with escort by law enforcement...
This is going to get nasty, and said border sounds like she has worn out her welcome at previous places.
Knowing how the horse rumor and gossip channel works...she is not going to be welcome at many establishments and finding a new barn may be difficult. She is also working hard to make your life miserable and succeeding it sounds.

In case you not know....
Do not ever lock the horses stall closed as that puts you in the wrong and is illegal in many states in the US and would imagine Canada and all the territories have similar abiding laws.
You can lock the property from entry by a gate, you may lock buildings that do not house animals and can in certain circumstance even lock barns main entry doors shut but you may not lock a horse in a stall where they can not get out heaven forbid a crisis happen {fire} you just sentenced the animal to death and that is illegal.

I wish you good luck, but take off the nice gloves and get a back bone enormous and when she is not wanted have her removed so she feels the pain in fines and fees needing paid to retrieve her stuff...
🐴... _ jmo..._


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## Magnum 59 (Oct 26, 2021)

Make sure you build a paper trail. This is going to get nasty so be prepared. And definitely make sure to contact local authorities as they will know the local laws and what you can do better than you do.


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## DressageLady (Nov 25, 2019)

QtrBel said:


> Have you given written notice? What does her contract say about leaving at the request of owner/manager? She needs the written notice that you have proof she received to get authorities eventually involved if this continues. Short of that and there are places she can go, can you have someone there when you aren't or personally clear your schedule and just wait. If you know when she is likely to show because she doesn't expect you there then be there. Move your vehicle or use another and don't park in same spot if that is a give away to you being there. Have someone there that can back you up even if it means having a trailer hooked and ready to offer to move her. Now I don't know where you'd bring her if she doesn't have a space at her home or what the laws are and who they'd favor but I'd look into that legal recourse as well.


this is the part about termination in my boarding agreement:


“Notice
The Owner agrees to give the Stable one (1) months written notice, on the first (1st) day of the month, of departure of the horse(s), or in lieu of the one (1) months written notice the Owner will be billed to that date of departure plus one (1) months boarding fees. Any and all outstanding charges must be paid in full by the Owner before the horse(s) may leave the Stable. The Owner cannot assign this agreement unless the Stable agrees in writing.
The Stable reserves the right to notify the Owner within seven (7) days of the horse(s) arrival if the horse(s), in the Stable’s opinion, is (are) deemed dangerous or undesirable for a boarding facility and in such a case, the Owner is responsible for removing the horse(s) within seven (7) days and for all fees incurred during the horse(s) stay at the Stable. After all fees have been paid, the Agreement is concluded.
13. Right of Lien
The Stable has the right of lien as set forth in the law of the Province of for the amount due for board and additional agreed upon services and shall have the right, without process of law, to retain said horse(s) until the indebtedness is satisfactorily paid in full.”

I’ve made sure that I’ve been home just in case. Other boarders are aware in the case that she shows up that the police are to be called immediately. The innkeepers Act will be active tonight if payment isn’t received.


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## DressageLady (Nov 25, 2019)

horselovinguy said:


> Put all in writing and send with _*signature required*_ as proof it was received.
> A contract {hope you have one} has terms both parties must adhere to.
> She was given notice to vacate said premises..
> She was given a date to do so and now has not paid but one day of board puts her in arrears.
> ...


I do have a contract in place that she has signed as well as a waiver and barn rules changes etc. The termination says the following:


Notice
The Owner agrees to give the Stable one (1) months written notice, on the first (1st) day of the month, of departure of the horse(s), or in lieu of the one (1) months written notice the Owner will be billed to that date of departure plus one (1) months boarding fees. Any and all outstanding charges must be paid in full by the Owner before the horse(s) may leave the Stable. The Owner cannot assign this agreement unless the Stable agrees in writing.
The Stable reserves the right to notify the Owner within seven (7) days of the horse(s) arrival if the horse(s), in the Stable’s opinion, is (are) deemed dangerous or undesirable for a boarding facility and in such a case, the Owner is responsible for removing the horse(s) within seven (7) days and for all fees incurred during the horse(s) stay at the Stable. After all fees have been paid, the Agreement is concluded.
13. Right of Lien
The Stable has the right of lien as set forth in the law of the Province of for the amount due for board and additional agreed upon services and shall have the right, without process of law, to retain said horse(s) until the indebtedness is satisfactorily paid in full.

It’s been over two weeks of no payment, and that falls under the innkeepers act where I’d have to advertise the horses for an additional two weeks and sell under public auction. I can attach the link for that if you’d like.

I’ve been now sending everything through email as I’ve been made aware that text messages aren’t admissible in court. I haven’t received anything from her regarding small claims court etc.

I won’t lock any horse in a stall as I do believe that is a fire safety issue but some of the main barn doors have latches that I’ve locked. And I’ve parked my truck by the other one. During the day I’m here all day 95% so I can keep an eye on things. Tonight will really say a lot as the outstanding bill is due today before I proceed with the next steps.


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## Chevaux (Jun 27, 2012)

Did I read this right — you have essentially been dealing with this since Nov/21? I commend your reserve and patience.

I’m saying this with levity: it’s too bad your contract didn’t include “owner is deemed undesirable” as part of the breakup clause.

I wish you success and luck.


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