The Horse Forum

The Horse Forum (/)
-   Horse Law (http://www.horseforum.com/horse-law/)
-   -   Moving the horse without exactly 30 days notice? (http://www.horseforum.com/horse-law/moving-horse-without-exactly-30-days-104082/)

Stakie 11-21-2011 07:30 PM

Moving the horse without exactly 30 days notice?
 
In my contract I am suppose to give 30 days notice before moving my horse. However I want my horse out ASAP because he was moved into a field with no shelter. (Which is not what we agreed on) This is my horse and I don't want him mistreated or anything of the sort because the owner of the boarding facility does not like me.

What legal actions can be taken if I move my horse without exactly 30 days notice?

demonwolfmoon 11-21-2011 07:38 PM

Quote:

Originally Posted by Stakie (Post 1240518)
In my contract I am suppose to give 30 days notice before moving my horse. However I want my horse out ASAP because he was moved into a field with no shelter. (Which is not what we agreed on) This is my horse and I don't want him mistreated or anything of the sort because the owner of the boarding facility does not like me.

What legal actions can be taken if I move my horse without exactly 30 days notice?

If the 30 days notice is part of your contract, I imagine that the barn owner can take you to small claims court. Generally, that ends up being a toss up with however the judge's take on the situation is. You could end up paying an extra month, prorated time...or nothing at all. And that's assuming the barn owner is willing to undertake the pain in the butt of filing against you (which does entail a small fee and their wasted time) and actually going to court....
Maybe someone else knows more about this situation specifically...I've been in civil court a few times, but I'm no lawyer. xD

Stakie 11-21-2011 07:45 PM

I'de rather just pay the board honestly. I just want my horse out of there. It's my horse and I just want him in the right conditions. I have just never had to do something like this before so I am not sure what entails.

Poco1220 11-21-2011 07:48 PM

30 days usually means you have to pay another 30 days. Not that your horse has to remain there. Pay next months board and pull your horse out now. Everyone wins.
Posted via Mobile Device

Stakie 11-21-2011 07:50 PM

Alrighty, thank you. Makes me feel a bit better.

dressagebelle 11-21-2011 09:56 PM

Ya the 30 days only means that if you want to move before then, you have to pay the next months board, but if you give the 30 days, you don't have to pay the next months board as long as you are there for those 30 days. I was told with my mare at the last place she was at, that if I wanted to move her sooner I could, but I just had to pay the board, otherwise I could wait 30 days, and not pay the extra board. Not sure what would happen if you just moved your horse, but I would honestly just pay the month if you have the money and are able, and move as soon as you find another place. No sense in staying there if you don't have to.

natisha 11-22-2011 09:53 PM

I've moved out of places without giving 30 days notice. I figure if they weren't taking care of my horse in the agreed upon manner they had already broken any contract. Plus, some places will make your life miserable that last 30 days.
I wouldn't leave my kid in a bad daycare & I feel the same way about my horses.
Very few people will take you to court, it isn't free.
I have a boarding contract but I don't require any leave notice. If someone wants to leave they are free to do so without stress.

lynn3765 12-14-2011 10:18 AM

If the agreement was that the horse was to be provided shelter when boarded or turned out outside and the horse was moved to a no shelter paddock, it would be a breach of contract. In that case the 30-day notice technically would be voided if the barn owner does not or refuses to compy with the original agreement. Was the agreement of shelter in writing?

Joe4d 12-14-2011 11:17 AM

Yep if the contract says shelter, and the horse has no shelter the BO broke the contract. I'd would have had them fix it that day or I would have moved that day right after I took a video of the area with my cell phone for proof. Then pay a prorated amount up to the day shelter was no longer provided. If they wanted any more I'd tell em to take me to court. SOunds like they heard like you are moving and want you to move anyways.
Under common law not complaining or saying NO means you agree to the new terms., so if the contract says shelter, and no shelter is provided and you go a period of time, pay another months bill, a court in VA will say you agreed with the new terms. Yeh sounds screwey,,,, I just went through contracting training for the state, thats pretty much what instructor said.

mls 12-14-2011 11:22 AM

Quote:

Originally Posted by Stakie (Post 1240535)
I'de rather just pay the board honestly. I just want my horse out of there. It's my horse and I just want him in the right conditions. I have just never had to do something like this before so I am not sure what entails.

Have you taken the time to talk to the BO and find out what the situation is?


All times are GMT -4. The time now is 05:14 AM.

Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Search Engine Friendly URLs by vBSEO 3.6.0