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- - Need advice (and fast!!) -- Attempt to move out amicably is failing :( (http://www.horseforum.com/barn-maintenance/need-advice-fast-attempt-move-out-77097/)
Need advice (and fast!!) -- Attempt to move out amicably is failing :(
As some of you already know, I'm moving my horse Lilly to a new facility that offers MUCH better services for much cheaper board, and I'm getting free lessons for working there. First things first: the ONLY thing regarding his terms for leaving his facility is "30 DAYS NOTICE REQUIRED" written in capital letters and underlined. There are no contingencies, no directions. That's all it says. So here's the deal. I pay my board on the 15th each month. I've already paid through the 15th of February. I gave my notice 2 days ago, in writing, and have confirmation of receipt. That means that 30 days is on Feb. 25th.
Here are our interactions (excluding names):
Earlier this week I was offered a job at a barn in Springfield which is much closer to me, and in exchange for working for them I will be receiving free lessons. I asked them about board, since I don't have a trailer with which to transport Lilly, and they had openings so I went to check it out. It is only 10 minutes away from me whereas Christefanie is 25-30 depending on traffic, and the facilities are very nice. Considering it would cut my travel time down significantly, and I would be getting free lessons on Lilly, I will be moving her as soon as possible. I hope you understand that his has nothing at all to do with your management or your facility -- it is very nice and I know that you care well for your boarders' horses; this is simply an issue of convenience and opportunity. I do remember that on your contract you request 30 days' notice. I might like to have her moved sooner than that if at all possible. I'm assuming your 30 days' notice relates to the board fee. If you consider today my 30 days' notice, that means I would have Lilly out by February 25th at the latest. We have paid board to you up until February 15th. If I would like to move her sooner than that, how do I compensate you financially in order to do so? Would we pro-rate a payment from the 15th-25th for a fee of $75 (at $7.50/day)? If that works for you then I am happy to write a check for you as soon as possible so that I can move her anytime between now and the 25th.
I am sorry you are thinking of leaving so soon. The 30 day notice is from the 15th of Feb so if you like to take her sooner you'd need to pay the 30 days $225 and leave when you want or wait till March 15 so your money is not wasted. As for the wormer I'll make sure she'll get it in the morning. Thanks.
I am sorry but the terms in your board agreement do not say anything about 30 days beginning at the start of a new monthly fee cycle, nor does it state any other contingencies. It simply says "30 days notice required." I am more than happy to compensate for 30 days worth of board from the date I gave notice (yesterday, January 26th) until 30 days is up (February 25th), but I am not legally required to compensate you financially beyond 30 days. I will be moving Lilly sometime this weekend because that is what works best for my friend who is loaning me her time and her trailer, and I am happy to leave a check for $75 (I have pro-rated the daily cost of $225/month to $7.50/day for 10 days) on your porch or in your mailbox. Let me know what works best for you.
The reason I don't ask for first and last like most places is that most people honor their contractual agreement.and having the 30 day notice will give me enough time to replace anyone leaving. I have a lean interest in your horse till all balances are paid as stated in your paper work rand therefore will not advice showing up here with a trailer till balances are paid in full. Lilly is just getting used to her routine here and she is going to be displaced again so soon. I don't want you here any more than you want to be here. I would consider $175 for your 30 day rather than $225 which is the basic board. I would need this paid in cash today so that you can take your horse Sat.Thanks.
Okay, in short, WTF? In my opinion, he has NO grounds with which to make such claims. I am honoring the 30 day contractual agreement. There isn't anything in the board fee agreement document that says anything about expectations or limitations or guidelines as to how notice is to be given. I'm no law student, but I would think that means that he can say whatever he wants, but anything that is not explicitly stated in the terms of the agreement is invalid.
I'm sorry this is so long. What do you guys think?? How should I handle this?? I don't know what to do!!!
Not that it matters now but in the future, when giving notice just give a nice 'thank you for the great care, consider this my notice'. No reason to go into a long story.
I have always understood 30 day notice to be like 30 day notice when you are renting an apartment. So it is like they say, not how you say.
First of all did you give him his 30 days in writing? If you didn't you need to put it in writing and make yourself a copy, be sure to date it and give it to him. If it does not say on your contract 30 days form the end of the month then you have every right to give him your 30 days when you want. As far as him having a lean intrest in your horse I don't know what your contract said. If I were you and you want to get your horse out now have your trailer park somewhere off his property, walk your horse off his property and load her up. Even if he see's you loading your horse and says you can't do that their is nothing he can do. He can call the cops but you are the owner of the horse and the police will just tell him its a civil matter and he would have to take it up with you in cort. Most likely he will not go that far over that little money. Then after your horse is safely at the other barn contact him and settle the matter.
Just adding, I think you are being fair (even though I think they are technically right that a rental period goes from month to month).
Does everyone there pay on the 15th? Is the barn full or are there empty stalls?
I have never heard of 30 days notice meaning anything other than 30 days from the day notice is given in writing. If it means 30 days from the start of the next billing cycle, it must state that. Let him push, but I doubt he has any leg to stand on.
Yes, my 30 days was in writing and I know that he has rec'd it.
Yeah, that's the problem with this whole thing... his terms are incredibly vague. Literally all it says on the matter is "30 days notice required". As far as lien interest in my horse, his contract says this "By signing this agreement you agree to the above rules [just some stuff about basic horse care, trailer storage, what boarders are allowed to do/use] and that [his name] and [his barn] will hold a lien interest in your horse until all past due amounts are paid or your horse sold after 45 days from the first missed due date."
I have no past due amounts, and have never missed a payment. And since I will be paying for a full 30 days from the day I give notice, not even that could be considered past due or missed.
And there are lots of empty stalls. He only has about 12 stalls and only a few horses are brought in at night (mine being one of them) ... the rest are out to pasture 24/7.
My boarding contract states that board is pro-rated on a weekly basis if I moved in or out before or after the 1st of the month. If I'm there an extra 3 days, I pay a week. The language is clear and I know that I would need to pay by the week should I decide to move out with more or less than 30 days. I wouldn't worry about it too much if the terms are not spelled out, but I would get out of there ASAP. Sounds like the type of person that would say your horse broke a fence or did some other damamge to get a few extra $$.
Yeah, regardless of how things go down I am getting her out of there on Sunday. I just am disappointed, because I personally am a very drama-free and amicable person and I absolutely dread conflict. I never expected it to erupt into something like this... I wish that I could afford to just pay him the whole thing and get out with everyone happy, but since I'm moving to a new barn and need to pay rent there as well I just can't do that.
Move your horse and pay what you feel you are owing. Write on the comment line something like payment in full for 30 day notice for <horse name>.
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