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Horses damaged BO's barn, barn illegally rented to me

This is a discussion on Horses damaged BO's barn, barn illegally rented to me within the Horse Law forums, part of the Horse Resources category

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        01-06-2014, 04:14 PM
      #21
    Foal
    Thank you all for your responses.

    I am not smart enough or have enough time or energy to pursue this in court, so I am just going to cut my other expenses as much as I can to just pay him the amount that he is demanding.
         
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        01-07-2014, 08:14 AM
      #22
    Foal
    Before you pay anything else, I would demand a cost estimate from the BO as to how and where he came up with $3000 for the damages.
    I would also go to the town hall and report that the "barn" is being rented out to people. Some towns require that the property be zoned for horse stables which is what it would be if he is renting it. It sounds like this is guy is looking for money and found a sucker to give it to him.
    I would let him take you to court. The courts will ask for pictures of the damages and they also will ask for a cost estimate of the damages.
    Having a signed contract that you were bullied and threatened into signing doesn't always hold up in court.
    Chevaux likes this.
         
        01-07-2014, 04:12 PM
      #23
    Green Broke
    Quote:
    Originally Posted by luvmydrafts    
    Thank you all for your responses.

    I am not smart enough or have enough time or energy to pursue this in court, so I am just going to cut my other expenses as much as I can to just pay him the amount that he is demanding.
    Wait & see if he is really going to try to sue you, then just go to Court. I think he is all talk & sees you as easy money.

    BTW, $3000 is more of a barn addition than repairs. Ask to see a repair estimate from a professional.
         
        01-07-2014, 06:20 PM
      #24
    Showing
    Your time in court will be less than one hour as the judge/magistrate has many others to hear. How many hours do you have to work to come up with the money you seem willing to pay? BTW, the judge may ask the BO for three estimates and if he doesn't produce them there's a good chance he won't be awarded anything and may have to reimburse you. The judge won't go on his say-so. So gather up your paperwork, cancelled cheques, receipts and go have your hour in court.
         
        01-07-2014, 07:09 PM
      #25
    Weanling
    I bought my whole run in with tack and feed room and cute windows for about $1700 delivered to my pasture. I'm just throwing that out there. I could have had power and water out there for about another $500 and some sweat. Altogether $3k makes a pretty nice horse barn. I could have finished it in to two stalls rather than a run in... Make him take you to court.
    Chasin Ponies likes this.
         
        01-08-2014, 11:32 AM
      #26
    Weanling
    Quote:
    Originally Posted by luvmydrafts    
    the owner of the barn claimed my horses did nearly $3000 damage to this small barn, they had ripped off some of the vinyl siding, dislodged an electrical outlet and apparently kicked a bump into one wall and did some kind of damage to the doors on the other side. The barn was already in disrepair before I moved my 2 horses in there, they made it worse.
    I've done the math over and over with the damage you have listed, and can't figure out how the guy came up with $3000. I can build a pretty good sized shed for this price.
    The guy sounds like a bully. I know I'm not you, but I'd let him take me to court, however I'm just not sure how much leverage he's going to have with that document you signed....
         
        01-14-2014, 01:54 PM
      #27
    Foal
    Personally I would offer to make the repairs myself. It sounds like he is taking you for all you're worth and that's not right! $3,000 is WAY too much for simple repairs, especially all of which would cost LESS than $500 at the Home Depot. Labor would be a few hours at best... he's just kicking you while you're down and realizes that he can push you around. The place I board doesn't charge for small things like that. They realize that horses have PERSONALITIES and sometimes hurt/break things. When you're a boarding facility you take on those responsibilities. I would go get the amount significantly reduced! Or tell him that you would like to see what the money you've already paid him went into. I bet he hasn't even made any repairs!!!!! DO NOT GIVE IN TO THIS CON ARTIST!
    Chasin Ponies likes this.
         
        01-18-2014, 06:59 AM
      #28
    Green Broke
    Call me old fashioned, but... I think that if your animals did the damage, you should pay for it. It seems a bit "got a scratch, lawyer up!" to me - you admit your stock did the damage, you sign an agreement to pay for the damage, then you try to get out of it.

    Also, be careful about that precedence. It's a completely different scenario. It is a straight forward, didn't pay the rent case. If the tenant then damaged the property, while they wouldn't be responsible for the rent, they would probably still be accountable for the damage they caused. It's like hitting someone's car - just because their car is crap, doesn't mean you don't have to pay for the damages.
         
        01-18-2014, 01:01 PM
      #29
    Weanling
    I'm going to ask this:

    Did the property owner know that his barn was not zoned correctly for livestock? Was he aware that he was renting out an 'illegal barn' to somebody with horses? That may be a factor in court.
    stevenson likes this.
         
        01-20-2014, 02:55 AM
      #30
    Green Broke
    Go to small claims, take all your paper work even the info stating he is illegal.
    Or send him a copy of it showing he is illegal , maybe he will drop it.
    Go to court. Small claims (usually under a certain $ amt ) cannot have attorneys.
    Chasin Ponies likes this.
         

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