Verbal Boarding Contract about failure of giving a 30 day notice to a boarding barn - Page 2 - The Horse Forum
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post #11 of 26 Old 01-15-2014, 03:35 PM
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Tough love coming.

You are either running a professional business or you're not. If you are, you need to run it like one -- which includes written contracts. The services you did provide were paid for. If you felt like you deserve more then you should have charged more and had it in writing.

You *might* win but it will not force them to pay. You could take steps and hit their credit report maybe, assuming you win a monetary judgement.

You will not be known for standing up to your word. They will go out there and paint your business in a bad light and make you out to be a crazy BO.
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post #12 of 26 Old 01-15-2014, 03:43 PM
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I forgot to mention previously, if you do not prevail, then she can also ask the court to order you to pay for lost wages and expenses, in addition to all court costs.
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post #13 of 26 Old 01-15-2014, 03:53 PM
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Also wanted to add...

He may not have been lying on the phone. He could have sent the check in good faith and then spoke with her. Who knows what she told him but she could have made him believe the horses were in danger, so then he could have cancelled the check.

The cancelled check could also been seen as cancelled for services not needed as the check was for a full month and you were paid out for the four days.

Too much speculation and not enough hard solid proof.
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post #14 of 26 Old 01-15-2014, 05:04 PM
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Why do you feel you should get paid for an extra month???......She paid for the time the horse was there. She wanted to go to another barn & had to take advantage of the opening. I feel the months notice is really not a fair thing to ask with the board being paid when the horse is not even there. In this economy it's hard to pay for double board (new stable & old stable). I have never felt that this is fair!! And if you have a new boarder come in during that month you are getting double board. Just not fair! If she left on good terms she may want to come back (you never know) and if you take her to court you will have made an enemy & she would never want to come back!!
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post #15 of 26 Old 01-15-2014, 05:27 PM
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ChristineNJ, it really doesn't matter if you agree with or against the 30 day board fee without a 30 day notice . It was agreed with the boarder and owner of the barn. Sadly, in this case not in writing.

I can see the point in paying a penalty, after all, hay, shavings grain were bought for those horses for those 30 days. But maybe a reduced amount to cover the costs only and not the manual labor that would have gone into taking care of them if they were there.

But, it's all a mote point. It will all come down to what a judge decides if the OP decides to go that route.

Be the kind of woman that when your feet hit the floor each morning the devil says, "Oh crap, she's up!".
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post #16 of 26 Old 01-15-2014, 10:22 PM
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ChristineNJ, it is no different in boarding horses and renting an apartment. Usually there is a 30 day notice with them too. Even if you are there for part of the month, you are required to pay for the full month. You may or may not move into a new place without having to pay at all or just part of the month.

OP, you say they paid for the 4 days. Just my opinion but... If they were there for part of the month, they owe for that month. You may win the case in pursuing the funds of the stopped check since it was owed to you. The check shows their agreement to pay you. The stopped check shows them as fraudulent. But you may lose in regards to your reputation as a business. Which is more important? Money now or future business?
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post #17 of 26 Old 01-15-2014, 10:44 PM
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The first stable we used, we didn't give a 30 day notice. We did pay for the month in full but we were there only 3 weeks. The reason we pulled our horses was we felt they were being neglected and getting poor care. In cases like that, any contract, written or verbal, is broken and void. However that doesn't seem to be the case here.
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post #18 of 26 Old 01-15-2014, 10:55 PM
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We haven't heard the boarders side of the tale and I'd like to hear that. Why were they moving in the first place? Were they dissatisfied with some part of the service or was it monetary or convenience or.....??? We don't know.

Anytime I hear or read, "After all I've done for them......" my red flags go up.

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post #19 of 26 Old 01-16-2014, 01:04 AM
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OP... what were all the things you have done for them ? I no longer 'boarded' after a horrid woman was here. I buy hay by the truck and trailer load, and boarding simply helped offset my cost some. When the woman left I was happy happy happy, wished her luck etc, yet she still went around bad mouthing me. But then again that woman has done this everyplace she has kept a horse and soon there will be no one who wants her around. If she actually does not owe you any money for services , then I would not pursue a court case, it sounds like you are just being vindictive.
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post #20 of 26 Old 01-16-2014, 02:58 AM Thread Starter
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I see all of your points here, and appreciate your opinions but... First of all, as for asking for a 30 day notice, its my right as the BO to make that call, and plus its a pretty common thing for barns to do. In this case I told her that I would be ok with only $150 per horse instead of the full $300 per horse because I DO know how the economy is, and I would never want to take money that I didn't feel like was owed to me. She didn't even tell me that she was leaving until the 2nd, but if I had known, oh say 30 DAYS AGO I could have advertised for those 2 stalls. I told her that if she had let me know what her plans were ahead of time, none of this would even be an issue.

Dreamcatcher, I would love for her to explain her side to you, because I'm sure she'll tell how she threw her horses out on a rainy winter day with stable sheets on that were not waterproof so I went out and washed her horses blankets, and how I always threw her horses extra hay, extra grain (which her grain was $28 per bag!), etc.. As a barn owner yourself, like you claim to be, you should know that hay and supplies are expensive and for a smaller barn it IS a big deal. I can't just go out and buy 50 bales here, 25 bales there, I had to buy 150 which came to be almost $1000. The same for my bedding that I buy in big bales, I had to buy an extra one at $200 each, not to mention round bales that cant be returned and now are not being ate and rotting in my pasture. Please don't assume because I said "after all I did for them.." that they are automatically right. This lady knew of the 30 day notice rule, just like she knew about it being a rule at the last barn she was at(I know that because I was a boarder there with her a long time ago) and that is why I posted a question asking for peoples advice if they thought the evidence would hold up since I know I didn't have her sign a contract. By her leaving without a 30 day notice has cost me A LOT more then what I asked her to pay. You just dont go to a barn and not follow the rules just because you don't think you should. Taking her to court is NOT because I have nothing better to do, or because I'm trying to be deceitful or vindictive. I want justice served and if the judge rules in my favor then at least she knows that people wont allow her to do these things and someday her ways will come back to bite her in the ass. I don't care what she tells people to be honest, I would rather be known for sticking to my word and not allowing dishonest people to think they can come in and do what they please. If she is so much in the right, then please explain 1) why did they put the stop on the check which would have covered their bill... oh and to clarify the bank told me that he put the stop on it before that morning and would have had to do so the previous business day. So if his bank closed at 6pm the day before, then its safe to say that he knew all about it when I called him at 9pm and 2) Why didn't she tell me that she didn't think she had to pay when I was standing in right in front of her but instead handed me a sealed envelope and drove away as quick as possible?

Oh and one last thing... the reason she left was because she was on a waiting list for another barn and the move was not related to anything bad with my business. Her horses were pampered more then anything while being here, and were in no way neglected or abused, which a wrote in my original post.
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boarding contract , court , dishonest boarders , horse boarding , law

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