Boarding contract problems- please help! No pro-rating?

[ihearttbs]

Hi,

I just gave my 30 days notice to the barn I’m at. A couple days later, the barn owner informed me that she would not pro-rate for next month (I would have been leaving in the middle of July), and that I would either have to pay for the entire month of July or pay an absurdly high daily rate for all 3 of my horses that I cannot afford. There is nothing about this in the boarding contract, but she claims since she is giving me a discount (which I did not ask for and she offered to me to try to get me to board there) that she cannot pro-rate.

What would you do? I don’t want things to be messy, but I want to get out of there since the care hasn’t been what I thought it would be.

[Mondo]

I would leave on or before day 30, pay the prorated amount and tell her if she has a problem with it she can talk to your attorney. She cannot enforce what is not in the contract. That little square piece of paper is the essence of your contract with her. The end. Too bad, so sad, tough titty said the kitty. Sorry if I sound harsh, but I’ve had BO’s try to run roughshod over me in the past. I’m honest, I always give the required notice, pay my board on time and pay in full before I remove my horses. But I can’t abide people who try to change the rules on the fly. That does not work.

[Ibex]

Double check the contract - does it say 30 days, or does it specify 30 days starting at the first of the month? I’ve seen both…

[mvp]

[QUOTE=ihearttbs;8706359]
Hi,

I just gave my 30 days notice to the barn I’m at. A couple days later, the barn owner informed me that she would not pro-rate for next month (I would have been leaving in the middle of July), and that I would either have to pay for the entire month of July or pay an absurdly high daily rate for all 3 of my horses that I cannot afford. There is nothing about this in the boarding contract, but she claims since she is giving me a discount (which I did not ask for and she offered to me to try to get me to board there) that she cannot pro-rate.

What would you do? I don’t want things to be messy, but I want to get out of there since the care hasn’t been what I thought it would be.[/QUOTE]

Did you take the discount? If so, you benefited from it. You don’t get to punish her for offering you a volume discount.

Are you saying that you got there recently, got a cut rate on board and want to leave ASAP because things weren’t up to snuff? Or had you been there longer. It doesn’t matter much, except for that “You get what you pay for” truth.

In your spot, I have kept my horses in the stalls I paid for and did the extra work/supervision required to last out my 30 days. It can be done.

[trubandloki]

I have always understood that 30 day notice works like rent, it is from the first of the month, not whenever you want in the month.

That would mean you have technically given 45 days notice and you pay for July.

[coloredhorse]

When I had a boarding business, my contract specified that notice was 30 days from the first of the next month (or current month, if notice given on the 1st). No pro-rating; as mentioned by another poster, I did notice similarly to renting human housing. Different businesses might do it differently, but should be spelled out in the boarding contract.

[Ambitious_Kate]

You are going to have to pay for your 30 days, stay or leave. Leave early and leave now and double pay for the 20 days or so at the new place plus the old place, or wait out your time paid for at the old place and move then. Your BO has no obligation to forfeit her board with you because you dont want to stay.

30 days notice equals 30 days board paid

[ezduzit]

When we left abruptly, the b/o did the same thing to us. We paid the per diem for the days we were there. She took us to small claims court where the judge decided we should pay for 1/2 of the unpaid remainder of the month.

[ihearttbs]

Hi all,

just to clarify- I am in no way considering breaching the contract and leaving before my 30 days are up. What I am concerned about is the next month. There is nothing in her boarding contract that says that she does not pro-rate, but there’s also nothing that says she does pro-rate. In my past experience, pro-rating has been standard practice. There is nothing in the contract that states anything about 1st of the month/etc.

Even with the discount, I am still paying a lot, and the agreement had been that none of their care would be different from standard full-care except that they’d be outside more. However, I will never again take a discount even if it’s eagerly offered to me as this one was, as since then it has consistently been rubbed in my face/used as an excuse when things aren’t done for my horses.

[Palm_Beach]

You just need a better contract.

[trubandloki]

I think it is not so much that they do or do not pro-rate but how they look at 30 day notice versus how you look at 30 day notice.

To me, if board is due on the first of the month then that is how notice works. You contract is month to month starting on the first. Not month to month starting on the 15. You give notice at the start of the month the next month. You pay in months.

[Bogie]

Every place I’ve boarded has been month to month, so if you wanted to give your 30 days, you gave it on the first of the month.

It really depends on your contract.

Occasionally I’ve left a place before that month was over, but I paid for the month regardless. I can imagine that would be expensive with 3 horses!

You could try paying for half a month and telling her to take you to small claims court, but for three horses, she will probably do that and it will depend on the contract. You may also get a reputation for being a difficult boarder which could impact your ability to get into barns in the future.

[dotneko]

Yes, it is like an apartment. You rent by the month. The ONLY difference might be if you came in on the 15th and that was when your month started.
I had to be specific in my boarding contract that notice is given on the first and any other date - the 10th for example - meant that departure was for 50 days from then. (A notice given on June 10 was for an August 1 departure) because some people had difficulty understanding the concept.
We BOs have a hard time filling a stall mid-month. Everyone coming in needs to give notice where they currently are - which means the stall stays empty for the half month. (that is, for the boarders that understand industry standard)
Otherwise, you screw me out of 1/2 a month board, the person coming in screws their current BO out of half a months board and we all suffer (but you, that is)

[heronponie]

[QUOTE=dotneko;8708366]
Yes, it is like an apartment. You rent by the month. The ONLY difference might be if you came in on the 15th and that was when your month started.
I had to be specific in my boarding contract that notice is given on the first and any other date - the 10th for example - meant that departure was for 50 days from then. (A notice given on June 10 was for an August 1 departure) because some people had difficulty understanding the concept.
We BOs have a hard time filling a stall mid-month. Everyone coming in needs to give notice where they currently are - which means the stall stays empty for the half month. (that is, for the boarders that understand industry standard)
Otherwise, you screw me out of 1/2 a month board, the person coming in screws their current BO out of half a months board and we all suffer (but you, that is)[/QUOTE]

This bears repeating.

The barn owner isn’t asking anything outrageous or unreasonable. She’s just asking that you don’t kick her in the teeth on your way out the door.

[Foxglove6]

You can give 30 days notice. But if the next month’s board is due within that 30 days. It’s still due in full. That’s what contracts say. So yes, if you gave notice recently and are leaving July 15th but July board is due on July 1st, you have to pay the whole month. Contracts don’t usually put it exactly this way because your 30 day notice has no effect on when board is due.

[ndirish07]

If the contract is silent as to pro-rating then you would have to pay for the full month. Your boarding agreement is a month-to-month contract. That month-to-month contract term requires payment for the month. Of course, you could argue some time of equitable principle in court, but really the term was for the full month you put your notice in and the following full month that the notice ran over into. I know I wouldn’t count on a court in my state ruling in my favor under those facts.

[ihearttbs]

OK, that’s good to know, and I guess I will end up staying the entire month even though that ends up being over 50 days after I gave notice. Every other barn I’ve ever boarded at has pro-rated. To me, unless there is a list of people waiting to get into your spot, it seems a little silly to compare boarding to renting an apartment where the owner will have to go out and fill your spot. In this case there are a ton of other open stalls so it’s not affecting the acquisition of new boarders whatsoever.

[OverandOnward]

Just go. Don’t pay the additional 30 days based on 2 days discrepancy. There’s nothing she can do about an additional 30 days. It would cost her more in attorney fees etc. than she would collect. Courts don’t like these type of cases for one month’s rent. And trash-talking you makes her look worse than you.

[frisky]

Every barn I’ve boarded at has prorated-- as in you pay for 30 days or whatever from the date given-- or it’s been specifically stated in the boarding contract.

I rent a room in my house and when I stated 30-days notice, renters assumed that it was prorated. I specifically changed my contract to the first of the month and I made sure everyone knows this, because most people don’t want to pay.

I think your barn owner did not specify in her boarding contract and now she wants to bully you because she’s playing bait and switch. She wanted a bunch of horses in her barn, so she made it appealing to you, but she doesn’t want to pay the actual cost and care of boarding your horses. I can understand why she is resentful that she gave you a deal, but she also wanted all 3 of your horses in her barn.

[brody]

I’m only familiar with the month to month perspective too