BM broke board contract... can I move without 30 day notice?
 
 

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BM broke board contract... can I move without 30 day notice?

This is a discussion on BM broke board contract... can I move without 30 day notice? within the Horse Law forums, part of the Horse Resources category
  • I paid my horses board no contract Can I move him
  • Breaking a horse board agreement

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  • 2 Post By natisha
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  • 1 Post By Chasin Ponies
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    03-29-2014, 03:12 PM
  #1
Foal
BM broke board contract... can I move without 30 day notice?

Just some background first... I have been at my barn for several years through several regime changes. I have had ZERO issues until the new BM was hired in January. She has a bit of a bad reputation so she is running the barn but the BO is using the BM's 18 year old daughter's name in order to keep her reputation out of it (her daughter does work out there but her mother does the business side of things despite what they are telling people). I have had a lot going on in the past few months and haven't been spending as much time out there as I should. I gave the 18 year old daughter (the BM by title, but not practice) permission for her to ride my horse every once in awhile. She's a good rider and I trust her with him. I come to find out her mother has been riding him without my permission and even saw pictures of her riding him doubles with some kid. My horse is a 19 year old ex pleasure horse with arthritis... he should never have two people on him. Ever. I would have never given her permission to ride him in the first place because I've seen her ride and I don't want someone like that on my horse. Anyway, I had put in my 30 day notice to leave this crappy situation two days before I found out she was riding him. Now I'm uncomfortable leaving him there for the following 30 days and feel that I should be able to move him ASAP since the BM broke the board contract which states that no person should ride any horse without permission. Legally, do I have a leg to stand on? I don't want to give these jerks another month of my hard earned money and I don't want my horse being ridden by this woman and God only knows who else. Btw, I do have photographic proof of her riding him (idiot posted the pictures on Facebook).
     
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    03-29-2014, 05:29 PM
  #2
Green Broke
I'd pull my horse out & tell them to sue me. I've done that a couple of times, never sued. Like you said, they broke the contract.
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    03-29-2014, 06:16 PM
  #3
Trained
Yup. Ask forgiveness not permission. In other words, just as Natisha said. Get out now.
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    03-30-2014, 08:41 AM
  #4
Weanling
Get out now and forget the 30 day notice! I have experienced a BO taking out her resentment on my horse after giving 30 days notice to leave and it wasn't pretty. I don't understand why people like this get so angry but they do and it will happen when you aren't around.
Plan to move out in 1 day-if it's not too obvious, pack up all of your small stuff, take it home and leave just enough to "throw" your horse on the trailer. You don't want to be out there several hours packing up.
You could leave a very formal, legal sounding letter stating the exact reasons you are leaving (don't use the words "breaking contract") and state that you have photos.
I doubt if they will bother to sue even though they will talk trash about you. It really is a lot of hassle to take someone to court and especially when they very well may not win.
If it were me, I'd make a policy that no one rides the horse. Then if you want to offer a ride now and then to someone, make sure you are there to watch.
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    03-30-2014, 09:29 AM
  #5
Weanling
Leave now. The likelihood of her actually suing is very slim and if you have photos of her riding your horse and she has no proof that you gave her permission then it all seems to be in your favor.
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    03-30-2014, 11:49 AM
  #6
Yearling
You can leave any time you want. The 30 day notice is all about finances, not about where your horse is. You can move your horse the same day you give notice, the point is that you still pay for the next 30 days.
As far as if you are going to still pay in this situation, well that's a bit tricky. Would the BO sue you? Doubtfully, one month board is not enough money to go to court over most likely. But she could bad mouth you, and the horse world is very small.
I would probably move today and pay the board. You did give the girl permission to ride, and while you didn't give her mother permission, you probably did not forbid it either (before it happened). While I think they were in the wrong, I don't think they necessarily broke the contract either.
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    03-31-2014, 06:41 AM
  #7
Foal
How did they NOT break the contract? I shouldn't have to "forbid" it because the board contract does it for me. It clearly states in the contract that no one is to ride another horse without the owner's permission (in fact they've made a really big deal about it in the past). She not only works out there but is also a boarder, so she had to sign that same contract and is held to the same terms. She rode him without permission. Broken contract. Period. I realize the 30 day notice is about the money, but I can't afford to pay board for April for two different barns. It's looking more and more like I'm going to end up having to stay until the end of April which SUCKS. I don't feel like my horse's wellbeing is in jeopardy but it still concerns me, especially given the bad blood between the BM me now. I just fear that she will take it out on the horse. I'd like to think she's not that kind of person, but that's probably naive of me. Since all of this went down in the last few days of the month, I've had to scramble to make arrangements. I had found a place so I stopped looking. Well, that's up in the air now so I'm not sure what's going to happen. I was hoping to move him today but, unless I put him in my driveway, we don't have anywhere to go :P. I'm just ready for this nightmare to be over.

Thank you all for all of your help. I can still use all of the advice I can get, so keep it comin'!
     
    03-31-2014, 07:19 AM
  #8
Green Broke
I'd just pack up and move. I wouldn't hold the contract as anything because it's already been broken, no reason at all to hold up your end of the deal when they didn't make sure your horse wasn't ridden without permission, much less an EMPLOYEE that did such.

Find another barn, make plans with them, your ride, etc. Take your tack home to"clean it" if they ask, and move your horse. I'd pay for the days he's literally there, no more and no less.

In all honesty, I've been bad mouthed up, down, and quite aways around. I can still board at any barn I'd like (aside from bad mouthers) and have a great friendly relationship with the owners. I still get people asking me to help them with their horses. I still have a good reputation because I built it up before I was bad mouthed. As long as you have a good reputation now, I wouldn't worry about them bad mouthing you for not giving a 30day notice, especially if you have proof the contract was broken, null and void IMO.
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    03-31-2014, 03:30 PM
  #9
Green Broke
I'd leave.

Like someone else mentioned, it's about finances. If you're all paid up, you should be free to go whenever.
     
    04-01-2014, 03:42 AM
  #10
Green Broke
Print the photo you saw. If you have a new place move, when you leave , had them a Copy, keep one for yourself, and tell them, you had no permission to ride my horse. I no longer feel that it is the best interest for my horse to stay here.
They probably will bad mouth you, don't make a habit of barn hopping, and as other get to know you they will ignore the BM that is bad mouthing.
As to if they will take you to court ?? Depends on the people.
     

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