30 day notice

[Horsegirl98]

Ok so I signed 2 separate boarding contracts at the farm I board at currently. The manager has been nothing but rude and neglectful since I started boarding at the farm in August of 2019. So due to the pandemic I have been laid off and I took a job in Virginia which offers free boarding so I had originally told her I was moving them on the 30th of May but she’s claiming I owe her 60 days notice since I have 2 horses boarded there and she has threatened to hold my horses till I pay for another month of board. In the contract it says exactly this in regards to contract termination “30 days notice must be given (per boarded horse)”.

She also told me I could move my horses whenever once the extra month is paid but I gave 30 days notice May 1st and paid board for both my girls for the month. My question if she tries to take me to court is that even gonna hold? She’s being absolutely horrible with the pandemic going on… also she hasn’t followed the rules within the pandemic either in regards to masks. My horses are constantly getting hurt and acting out because of them being extremely unhappy there. Please help

[Hej]

From your descriptuon of the contract wording I’d say you owe 60 days board ( 30 days per horse), NOT 60 days notice. The 30 days notice runs concurrently for your two horses, not consecutively.

ETA: You are vacating two boarding slots, so yes, you do owe board on both slots through the notice period. It makes no difference that both horses are owned by one person, there will be two vacancies that need to be filled by the BO.

I am not a lawyer or any sort of legal professional!

[clanter]

My question if she tries to take me to court is that even gonna hold?

depending upon just what state this operation is in, they may not need to take you court as some Livery Laws have automatic liens on a horse when boarded

In the contract it says exactly this in regards to contract termination “30 days notice must be given (per boarded horse)”

well, if you ever are presented a contact written as such take your little ink pens to line out the undesirable phrases then initial the strike outs and have the other party also initial the strike outs as an agreement to amend the contract without requiring a rewriting

The industry understanding would be just a 30 day notice, but the actual wording appears to make this contract a 60 day requirement since OP has two horses IF both were on the same contract… However

OP states

Ok so I signed 2 separate boarding contracts at the farm

which make each horse independent as separate agreements were signed

30 days would be just

I am not an attorney, never even thought about being an attorney but attended the Perry Mason School of Judicial Thought Night School … also dealt with contract law for a few decades in manufacturing and often struck lines from contracts

[mvp]

OP, so you have one contract per horse. And each contract requires 30 days’ notice? That means you only owe 30 days’ notice for each horse. If you gave notice for one horse on May 1st and the other on May 5th, you until June 1st and June 5th for those respective horses. If you gave notice for both horses on May 1st, their 30 days both fall on June 1st.

I had a situation like this where I wanted to take out two horses, but their months started on different dates, so I really did move one horse at the beginning of the week and the other at the end of the week.

If I were in your spot, I’d leave on May 30th and not look back. I think you have the contractual language on your side. if you can document your BO having done things that defy state orders, you have that on your side. And courts are currently closed. Plus, an argument that goes “Your honor, I was doing what I had to do to stay safe and to keep my horse’s fed. I was acting within the terms of the agreements I signed and 30 days’ notice is the industry standard,” I think you’d win. I also think that before you win or lose, your BO would have to actually take you to court.

[Posting_Trot]

The big question is: what do your contracts say about notice? Do they stipulate 30 days notice? Or 60 days?

In my limited experience, 30 days notice is pretty standard; I’ve never heard of 60 days notice. (But, I am not a legal professional in any way, shape or form).

So, if the contracts say 30 days notice, then you owe board on both horses for the 30 days. If they say 60 days notice, then you’d owe board for both horses for 60 days.

If the dispute continues, you may have to speak to a lawyer about this. Often local law schools have legal clinics where legal advice can be had for less than the usual fees. I don’t know what the situation may be with all universities having gone to remote learning, whether they’re also doing remote clinics or not. You may have to find a lawyer.

If you do go to a lawyer, make sure you have copies of your contracts, and print out any emails relating to board. While it’s fresh in your mind, document (write down) brief summaries of your conversations with the BO, and send them as an attachment to a friend, just to provide a date-stamp.

Good luck.

[merrygoround]

Reading your post, sadly, I believe you owe 30 days per horse.

If you have a Legal Aid in your area, they may help

[Sparrowette]

Get the horses OUT at 30 days. This will keep them safe, which is most important. Argue about the 30 or 60 days at your leisure while the horses are happily eating hay at the new barn.

[SonnysMom]

@Sparrowette

Get the horses OUT at 30 days. This will keep them safe, which is most important. Argue about the 30 or 60 days at your leisure while the horses are happily eating hay at the new barn.

I think the problem is that OP would need to pay for June for both horses before the BM would allow the horses off the property. OP would then need to get a refund from the BM probably through small claims court.

I boarded at a place in PA that had 30 days notice unless you had more than 1 horse then it was 60 days notice as it was a bigger deal for the BO to lose multiple horses at the same time. But it was very clear in her contract.

[nu5ha]

Had the same issue last year. Had 4 horses, one was being shipped outside of the country to be retired, my contact stated 30 days, gave those 30 days, when truck came to pick up my mare they told me or sorry we dont have it on file. Ended up paying for an extra month really biggest money done the drain. So make sure you have something over email conformation and letter by hand. Took 5 days of back and forth, was not going to loose my shipping as that would have cost be another small fortune. In the end loaded the horses on the truck, they was in the truck for 3 hours waiting to leave the property as they refused to let them leave. My advice give notice on both horses, make sure you have conformation in 2 forms, ( can never be too careful) and get those animals out of there.

[TheJenners]

Is each horse on a separate contract?

[mvp]

@Horsegirl98

Ok so I signed 2 separate boarding contracts at the farm I board at currently. The manager has been nothing but rude and neglectful since I started boarding at the farm in August of 2019. So due to the pandemic I have been laid off and I took a job in Virginia which offers free boarding so I had originally told her I was moving them on the 30th of May but she’s claiming I owe her 60 days notice since I have 2 horses boarded there and she has threatened to hold my horses till I pay for another month of board. In the contract it says exactly this in regards to contract termination “30 days notice must be given (per boarded horse)”.

I think that last, quoted part of the contract’s language is the source of the problem. It seems that the OP has two contracts because she has two horses. But each contract acknowledges the possibility of having a second horse on the place and adds this condition about giving notice. Have I read that right?

I do what Guilherme spoke of: I read agreements with a pen in hand. If I’m signing an agreement that has complexity to it (e.g. a lease I wrote), I read that together with the lessee, still with pen in my hand and pen in the lessee’s hand. I would not have signed on to accepting language that was this vague or potentially confounding, especially if I had two horses and it would make sense to move both animals at once.

But the agreement is in place now, so I am asking the OP which interpretation she thinks is the right one given the whole agreement and any discussion with the BO she had about it.

[Ambitious_Kate]

If its 30 days notice on one contract, that you owe 30 days board for that horse, once you give notice. Same for the second horse. 30 days worth of board. Just because you have two contracts doesn’t mean it magically transposes into 60 days. That’s crazy. What if you were boarding 10 horses with her. Would that mean you had to give 300 days notice/board before you could leave? Also, You don’t have to stay for the duration. You can move them tomorrwo. Just make sure you paid your 30 days on both horses.

You owe one month’s board when you give your notice. Just because you have two contracts which each say the same thing doesn’t magically transpose into 60 days notice.

And nothing says you have to stay for the 30 days. You just have to pay for the 30 days.

I would leave with them now. Don’t tell her. Just pay your 30 days and get them out.

[trubandloki]

Not a lawyer, do not play one on TV, no holiday inn express visits.

From my vast legal knowledge from watching People’s Court on TV, I thought a vague confusing contract is held against the person who wrote it, not the person who signed it.
This is written so poorly, it can be taken so many ways.
If I had read it I most certainly would not have taken it to mean that since I had more than one horse the 30 day notice was multiplied by the number of horses I had.
But then… I guess one could say then, why is it there if it does not mean that.

[enjoytheride]

I also want to specify that you can move your horses then mail her a check.

I once had to ride my horse off the property because there was a mass Exodus of boarders and the barn owners had blockaded the entrances to prevent people from leaving. I rode my horse out a gate and then dropped a check. Still got cussed out though.

[Jealoushe]

Sick of hearing about these barn owners who want to cash in because they are bitter people want out of their crappy barn. Happens way too often.

[lenapesadie]

Ugh. Tough situation. That contract is a bit vague with the per horse part.

[mmeqcenter]

Yes the contract is worded strange. But if you have a separate contract for each horse, the contract applies only to the horse(s) named on the contract. So, you gave notice on May 1st that you’ll be leaving June 1, stated it applies to both, so you’ve fulfilled your duty.

[candyappy]

@Ambitious Kate

If its 30 days notice on one contract, that you owe 30 days board for that horse, once you give notice. Same for the second horse. 30 days worth of board. Just because you have two contracts doesn’t mean it magically transposes into 60 days.

You owe one month’s board when you give your notice. Just because you have two contracts which each say the same thing doesn’t magically transpose into 60 days notice.

And nothing says you have to stay for the 30 days. You just have to pay for the 30 days.

I would leave with them now. Don’t tell her. Just pay your 30 days and get them out.

Print this out and show it to your BM. If you are current on your board she has no say in you loading them up and taking them off property ( for any reason) after you have given notice.

Give your 30 days, pay what you owe as per contract signed and take the horses to the new barn as scheduled.

[BayBondGirl]

@Ambitious Kate

And nothing says you have to stay for the 30 days. You just have to pay for the 30 days.

I would leave with them now. Don’t tell her. Just pay your 30 days and get them out.

Amen.

[Sparrowette]

@Ambitious Kate

If its 30 days notice on one contract, that you owe 30 days board for that horse, once you give notice. Same for the second horse. 30 days worth of board. Just because you have two contracts doesn’t mean it magically transposes into 60 days. That’s crazy. What if you were boarding 10 horses with her. Would that mean you had to give 300 days notice/board before you could leave? Also, You don’t have to stay for the duration. You can move them tomorrwo. Just make sure you paid your 30 days on both horses.

You owe one month’s board when you give your notice. Just because you have two contracts which each say the same thing doesn’t magically transpose into 60 days notice.

And nothing says you have to stay for the 30 days. You just have to pay for the 30 days.

I would leave with them now. Don’t tell her. Just pay your 30 days and get them out.

Exactly. Your horses, your trailer.
(Bold mine)