Boarding situation: when to give notice without a contract!

[starperformer]

Hello everyone,

I made this account in order to seek advice from other equestrians! Sorry for the long post…

I was offered to bring my filly to the private barn I am manager at. It is MUCH closer to me, my gelding is there, and even though I will pay a little more…I will see her every day as opposed to 3 days a week.

I am extremely unhappy where she is at now. I have been telling the BO for months when my filly would be arriving from the breeder. I was promised a private paddock with a shed to store my things. My filly ended up coming a week early (I even told her a week in advanced she would be) but nothing was prepared for her arrival. Her mare and foal still occupied “my paddock” and the shed was not moved next to the paddock but still in the back field.

On top of that I was given NO contract. I had to ask for it and got it weeks later…I still haven’t signed it. When she arrived she was placed on quarantine which of course I understand. However, I was never told she would receive 0 turnout during this time and I would not be allowed to remove her from her stall for 14 days. This is a WEANLING. We came to the agreement I could walk her to the back field when I was there so she could stretch her legs. The BO also was rude telling me I needed to come every day to take this horse’s temperature to make sure she didn’t have shipping fever. Is that normal? I thought it would be a barn manager’s responsibility…

So when it was convenient for her she weaned her foal and put my weanling with him. In what was supposed to be my paddock…thank goodness I didn’t move my gelding like I originally planned otherwise I don’t know where he would go…this paddock is only big enough for 2 horses. Basically, I feel like she is using my horse to give hers a buddy and if I take her away I almost feel like I’m the one screwing her over…if that makes sense (I tend to be overly empathetic.)

On multiple occasions I come to the barn (at various times) and my filly would be the only horse without hay. Maybe it is just a coincidence but I am paying extra for my own hay. She also had multiple large cuts on her legs I was not notified about during her stalled period.

I recently went to see my filly and she had disgusting thick discharge around her eyes. She has blue eyes and I know they can be sensitive but I feel like the BO should have told me…she is the one to feed them everyday.

So I am fed up with this situation and want to move my filly ASAP. Ideally if I could, I’d move her tomorrow but I was going to tell my BO I would get her before the end of the month. BTW, I am paid in full for this month as it stands and never signed a contract. My biggest concern is the safety and well being of my filly. She has stated multiple times how she loves my horse and even said jokingly “she is my horse now!” So I am nervous to give advanced warning…

What would be most appropriate? Should I give 2 weeks notice (before end of the month)? Or come get her and let her know once she is in the trailer? Do I owe her an extra month’s worth of board if I never signed a contract? The whole situation is just not sitting well with me…

TL;DR: My filly is stuck at a barn that is frustrating me. I do not have a signed contract and wish to move her ASAP. Do I give notice if so how much?

Thanks in advanced!

[Amwrider]

I am not a lawyer, but industry standard is 30 days. You COULD try finding out the real estate regulations for your state and find out what happens with renters without a contract. In FL, there is 14 day minimum notice if there is no contract for home/apartment rentals so I have used that as a reference before.

Without a contract, you could argue that no notice is required, but you may have issues getting unused board money back. If they argue about it and don’t want to refund, if your state has a 14 day default you can argue that. If they know you have looked up statutes, they may do the refund thinking you will pursue it further since you bothered to look up the statues.

There isn’t a contract so you can’t argue breach of contract, but did they put anything they promised in writing? Maybe an email where they confirmed what you would supposedly get?

[CopperFoxFarm]

Pull up with a trailer, load your filly. Then tell BO that you’re leaving as a space has opened where you work. Forfeit the rest of your board.

If she complains about notice, tell her you don’t have a contract. If she still complains offer to “split the difference” and give her two more weeks board.

[tbchick84]

^ that. Load her and leave. Forfeit the rest of your board in return for piece of mind. There are zero ways, the “I’m leaving” conversation is going to turn out well for you, so just cut and run. While 30 days is standard notice, I would think that would apply to both parties meeting their terms of the contract which does not even exist in your case.

[starperformer]

Thank you all for your insightful replies! I definitely think I will just pack her up and ship out. My biggest concern is confrontation…like if the BO is there when we pull up :no:

[CopperFoxFarm]

Do you have a friend, horsey or not, who could have your back? Friend could go get your filly while you steer BO into the office to explain the sitch. Or vice versa

Is there a time when BO is less likely to be there? Does she have another job?

[Amwrider]

You could always pretend you are going to a show. LOL

[runNjump86]

[QUOTE=Amwrider;8887570]
You could always pretend you are going to a show. LOL[/QUOTE]

I “went to a clinic” when I moved my horse out of the barn I was managing/living onsite because things with the BO and his daughter went south so quickly. I was truly afraid for my horse’s safety and well-being.

OP, I agree with everyone else…forfeit your last two weeks of board, load her up and leave. Bring a friend, horse savvy or not, to be your witness. If you have things there start bringing them home whenever you visit so that the only thing you need to do is park the trailer and load the filly. Put hay from your other farm in the trailer so you don’t waste time.

[ryansgirl]

Like others have said… Go get your horse and then deal with the BO. Forfeit the board or pay whatever would make it “30 days”. Years ago a friend of mine and myself moved our two horses out of a place early one morning with no notice. We had no contract and the BO’s daughter was psycho (to the point we worried about our horses safety). The BO never said a word as he knew how bad his daughter was but refused to deal with her (helped that my friend was a lawyer). The safety of the horses came first no matter what.

[LadyB]

The right thing to do is give 30 days notice.

I have a little hobby farm with a few boarders. We don’t do contracts, but as respect towards the BO’s and the boarders, I think its the right thing to give 30 days notice.

Obviously depends on the situation at hand, but 30 days is respectful.

I have a boarder currently who is very floppy, one day she’s moving to spain, next day she’s boarding him at another farm, the next day she’s staying the winter. Hard to keep up. I’ve mentioned we’d like some notice to find another boarder to fill the spot. But people are people, and if they want to go they will. No hard feelings, as long as the horses best interest is at heart. So if tomorrow she said she is leaving this weekend, yeah it’ll be a little harsh because it leaves us with nothing, but it would give us enough time to find someone to fill the stall by novemeber 1st.

If you NEED to get out, give at least 2 weeks notice.

ETA: When you kick someone out, they expect 30 days notice, so how is this any different. Kicking someone out the next day gives them no legs to stand on, just not right. BUT I will say, it does come down to the current situation.

[Guilherme]

You DO have a contract; it’s oral but it’s real and enforceable.

A contract is always a two-way street. You have duties and the barn has duties. If either side breaches their duties the other may react in a manner consistent with the contract.

If you are a “month to month” then it’s likely you have a duty to give a month’s notice. This may or may not be “30 days” but it is required.

The easy way is to give give notice, pay the last month’s board, and immediately remove the horse. This is also the expensive way. But if he care is as substandard as noted then maybe it’s cheaper alternative.

The hard way is to just go get the horse and your gear and leave. In that instance you might get sued for a month, but might not. It will certainly lead to bad feelings and a round of bad gossip.

You state that you are a barn manager. What would be your reaction to either of the two suggestions, above?

If it were me I’d likely document the condition of the horse, it’s circumstances (stall, paddock, etc.), give the barn a list of particulars that they are not doing, then give them $100 (the likely profit from a month of boarding), and load up and leave. If they want to make a big deal out of it then we’ll see them later.

Good luck in your decision.

G.

[SendenHorse]

I would move and leave a check for 30 days from that day. This covers both the contract obligation and need to get out. Yes I did this and it worked out fine.

[Sueby]

You requested a contract, which you got, and neglected to sign it because you aren’t happy or want to leave and not signing seemed like a way to accomplish it. Or that’s the way I’m taking it FWIW.

You owe 30 days notice from the day you put your notice in or whatever the terms are in the contract you got.

[BellaMia]

The 30 days doesn’t require you to be there, just pay and even without a contract, I would just to keep it “civil”. I would load her up early when no one is up or around and go. Give written notice by email or something you can keep, pay that full 30 for good measure and book it.

I was in a bad situation where my horse was not being treated well and the other boarders were going to get her killed being stupid. I cleaned out everything but a bridle when no one was around a few days before. Then I parked at a store a mile and a half away, walked to the barn in the pitch dark around 2am, jumped on and rode her bareback past my car to the next barn about 6 miles away that I already arranged care with and that BO gave me a lift to my car. I have been in this place for a year and a half and we still get along great. So glad I made that move and so is she.

[JustTheTicket]

You might not have signed the contract, but you do in fact have a contract. Look at it and see what notice is required. I would just suck it up and give a month’s notice/pay for the next month and leave, just because it sounds like the BO might get a little petty with you if you just bail. Because again, she’s going to argue that she did give you a contract (after you asked for it) and then you just chose not to sign and skipped out. Doesn’t make you look good.

[Velvet]

If it’s verbal, and no one ever discussed lead time for moving, then really that’s not a verbal contract, is it? I’m just asking because that makes no sense to me, you’re only paying month to month and unless that was discussed, and you’ve paid through the end of the month, to me that seems like you’ve met the agreement.

[Pennywell_Bay]

As far the quarantine goes- I don’t see the problem (except I wouldn’t be having the owner take the temp).

As far as moving your gelding- I assume you’d have to check with the manager/owner prior to moving him so you’d have known they put the foals together (which isn’t a bad idea, I’d just want to know what the game plan was).

Situation isn’t working for you, you were given a contract but didn’t sign it, give notice, move your horse and abide by the payment listed in the contract. This is the right thing to do, despite your issues with the barn.

It is halfway through October so if you give notice today, that is either 19 days she’ll have to fill your stall OR (check the contract) it may be through the month of November.

I never understand the real issue (unless people are just venting, which I guess) on moving. " I am moving my filly closer to home." BAM. Seriously- how can you argue with that?

[JustTheTicket]

[QUOTE=Pennywell Bay;8888719]
As far the quarantine goes- I don’t see the problem (except I wouldn’t be having the owner take the temp).

As far as moving your gelding- I assume you’d have to check with the manager/owner prior to moving him so you’d have known they put the foals together (which isn’t a bad idea, I’d just want to know what the game plan was).

Situation isn’t working for you, you were given a contract but didn’t sign it, give notice, move your horse and abide by the payment listed in the contract. This is the right thing to do, despite your issues with the barn.

It is halfway through October so if you give notice today, that is either 19 days she’ll have to fill your stall OR (check the contract) it may be through the month of November.

I never understand the real issue (unless people are just venting, which I guess) on moving. " I am moving my filly closer to home." BAM. Seriously- how can you argue with that?[/QUOTE]

Also, I totally agree with this. Be the bigger person, give 30 days and then leave whenever, and should the BO ask why you’re going, tell the truth and say you want your horses in the same barn and the barn you work at is more convenient for you. Easy.

[Guilherme]

The OP has a valid, oral boarding contract. The written contract that was never signed binds NO ONE! No writing is ever binding until it is signed by the parties to be charged.

Just thought that needs to be clarified based upon a few comments.

G.

[Hermein]

If you think she’s being neglected, or treated like a bastard at the family reunion, go get your filly. No signed contract = No legal action. BO will no doubt go into a snit, but that sometimes happens to people when they don’t do what they say they’ll do or don’t do what’s right.

Really, if an oral contract is valid, it’s hard to prove that there was an agreement; and if there was an agreement, it’s hard to prove what exactly what that agreement was, and whether either party was in default.