It’s a long story but I will try to make short. BO asked me verbally to leave her property, normally gives 15 day to 30 days depending if she likes you. She said 45 days. Two days later sent an email stating I would be out on or before the end of the next month. A week and half passed she was making being there unbearable. I told her I was leaving at the end of the month. Since then she has taken me to court, judge said I did not give a written notice upon leaving. I was in the understanding that she had already gave me notice to leave so per her email I left before the date she stated. So bc I didn’t give notice and she didn’t give a written notice bc judge is not counting the email even tho in contract it states and email can be used as notice. I have to pay for the month that I was not there. My question is this accurate or do I have the right not to pay? For the record had she not asked me to leave I wouldn’t have left. Only reason I left was bc she told me to and sent an email. Help please.
Your contract may state e mail counts but the court may not accept it. Did you show the judge the e mail? Afraid if the judge said you have to pay? You need to pay.
You should talk to an attorney though, many will answer a quick question for you but much more of their time is going to cost more then a months board.
Nothing like getting things in writing and making copies to be on the safe side in these matters.
If this has gone to court and you where told to pay then you pay. There is no “do I have to pay” question. Why would you even ask. If you don’t pay they can garnish your wages, send it to collations or put a lean on your house.
If a judge says you have to pay, you have to pay.
Pay. Don’t ignore court orders.
[QUOTE=fordtraktor;8898389]
Pay. Don’t ignore court orders.[/QUOTE]
This.
If you are asking whether the judgement was fair, well, we’d have to see all the evidence that the judge saw. It sounds like you did not get legal advice while this was still under debate. I am not sure what legal venue the BO took her claim to, perhaps small claims court. I’ve never gone through the process, so I am not sure at what point or how the defendant gets to present their side of the case.
However, if the BO took her claim to the judicial system, then I am sure that you would have been notified of this somewhere in the process, and invited to present your version of events. You don’t mention this, but I can only assume that (a) you did so, and the judge ruled against you, or (b) you ignored the court date and did not turn up to argue your case.
If you missed the opportunity to do this, just like if you don’t turn up to dispute a traffic ticket, then you don’t get another chance, if it turns out you don’t like the judge’s decision. Getting legal help now to appeal would certainly be more than a month’s full board at even the fanciest training barn.
Pay up. You don’t have a choice at this point, and if you did have a case to make, you have missed your chance to make it in the appropriate venue (the court room).
I am, I realize, assuming that the BO really did go to the judge and get a court order. A crazy lady combative BO like you describe is also perfectly capable of saying she got a judicial ruling when in fact she did nothing of the kind. So I would want to see some proof, something actually from the courts, before I paid. Or check with the courts yourself, which I assume is possible. I expect in any case that they would be sending you notification of the decision. When they do, pay up in the way they require, and don’t let it drag on until they start taking further action against you.
[QUOTE=H/JRider;8898340]
It’s a long story but I will try to make short. BO asked me verbally to leave her property, normally gives 15 day to 30 days depending if she likes you. She said 45 days. Two days later sent an email stating I would be out on or before the end of the next month. A week and half passed she was making being there unbearable. I told her I was leaving at the end of the month. Since then she has taken me to court, judge said I did not give a written notice upon leaving. I was in the understanding that she had already gave me notice to leave so per her email I left before the date she stated. So bc I didn’t give notice and she didn’t give a written notice bc judge is not counting the email even tho in contract it states and email can be used as notice. I have to pay for the month that I was not there. My question is this accurate or do I have the right not to pay? For the record had she not asked me to leave I wouldn’t have left. Only reason I left was bc she told me to and sent an email. Help please.[/QUOTE]
I have 6 horses that were boarding. I should have asked my question differently. I have the right to appeal. Do I have grounds to stand on.
People I had talked to said the email was enough. I presented my case as I was told. I feel it’s unfair bc I was told to leave I did what the BO said and then still had to pay. I had 6 horses there so more than just one months board. I need help deciding if I have enough grounds to stand on to appeal. I have never been in this situation. Of she did not tell me to leave or sent an email I would have never left.
OP, I still don’t get it.
Did the judge who ruled in the BO’s favor see the bit in her contract about e-mail being an acceptable form of notice and a copy of her termination e-mail to you? If he still ruled against you, I think you have your answer. Or you can appeal. But COTH is the wrong place to seek a definitive answer to your question.
If the original judge did not see those documents, I would appeal so that I could show them to a judge and prove that I had fulfilled the terms of the contract.
Why aren’t you consulting with your attorney about the legalities here instead of canvassing a bunch of randos on a chat board?
Colour me confused??? You state BO took you to court and judge ruled in BO favour, so to me you were present at the ruling and judge saw and read the email! Why are you here asking us if you can appeal? Talk to your lawyer!
edited to add: if I’m reading this right, the judge is ruling that you owed board for the last month you were “supposed” to be there. But YOU decided to leave earlier because it was unbareable… is this correct? If so, then yeah pay up as you decided to leave before you had to.
Plus, is anyone else curious as to why a person with SIX horses was asked to leave but otherwise would of stayed?
Confused about what happened and can’t answer your question with out seeing both sides but…
The BO gave you 45 days notice. It sounds like you left before the 45 days. When you decided to leave early, did you give the BO notice?
I am confused but, assuming and guessing a lot perhaps the judge was saying that you owe board through the 45 days the BO gave you because when you left early, you did not give notice?
For example, BO gives you notice on 9/15 that you must be out by 10/31. You find a new place and move on 9/30. Does the judge still feel you owe until 10/31 since that is how long you could stay and you did not give notice that you would be leaving early?
[QUOTE=H/JRider;8898340]
It’s a long story but I will try to make short. BO asked me verbally to leave her property, normally gives 15 day to 30 days depending if she likes you. She said 45 days. Two days later sent an email stating I would be out on or before the end of the next month. A week and half passed she was making being there unbearable. I told her I was leaving at the end of the month. Since then she has taken me to court, judge said I did not give a written notice upon leaving. I was in the understanding that she had already gave me notice to leave so per her email I left before the date she stated. So bc I didn’t give notice and she didn’t give a written notice bc judge is not counting the email even tho in contract it states and email can be used as notice. I have to pay for the month that I was not there. My question is this accurate or do I have the right not to pay? For the record had she not asked me to leave I wouldn’t have left. Only reason I left was bc she told me to and sent an email. Help please.[/QUOTE]
See the bolded sentence? I’m confused because it has no subject. Who sent the e-mail to whom? It makes a significant difference, as I’m sure you can imagine.
I never understand how people accumulate the wealth it takes to own so many horses without also acquiring the skills it takes to manage the business side of HOing. You can’t be mad at the other party or the judge if you aren’t clear on your side of things. Your post so far indicate that you aren’t clear, as a matter of practice.
It would be great to help, but it’s frustrating when folks ask without providing a clear description of the situation or events.
[QUOTE=Eleanor;8898373]
If this has gone to court and you where told to pay then you pay. There is no “do I have to pay” question. Why would you even ask. If you don’t pay they can garnish your wages, send it to collations or put a lean on your house.[/QUOTE]
Although poster Eleanor is in Canada, what she says is just as true in the U.S.
No matter how wrong and unjust, settle it and put it in the rearview mirror.
For heaven’s sake why are you asking your friends and an internet board ???
Step away from the keyboard and consult an attorney. Do not listen to ANYONE but said attorney.
This running around asking for opinions, giving selected facts and an incomplete story, and acting per the whim of the day, is how people bury their entire lives as the result of what should have been a basic one-time transaction that involved a fair amount of money.
If you aren’t going the attorney route, OP, I ask that you continue to update us with full facts, frequently, for the next few years. I will put in a store of wine & popcorn … and maybe even share. 
Just going to repeat what has been said over and over again… If you want legal advice in a timely and accurate form it is best to talk to a lawyer.
Here is my thoughts - disclaimer - I am not a lawyer, I have never been a lawyer, I have never been anything law related, or heck, even related to anyone in a law related career, I also have not stayed at a Holiday Inn in the last several years.
The barn owner gave you 45 days notice.
You responded with the fact that you would be leaving at the end of that 45 day notice. So you gave your notice, the barn owner was depending on your income and horses for the next month.
You decided to leave early so you pulled your horses out before the start of the next month and did not pay board for the next month.
The judge feels you agreeing to the 45 day notice means you have to pay for the next month, even though you were not there, your sudden change of move out date is not something that nullifies your notice.
Did I read it right?
If I did read it right then I have to agree with the judge, in responding that you will be there the next month, you need to pay for the next month.
Pay it and move on. I’m assuming this was in small claims court so OP doesn’t have an attorney.
Can you appeal a small clains judgement? Here or in Canada? Any barristers or magistrates care to ring in?
This thread raises an interesting question for me.
Absent a specific provision in the board contract addressing the issue, what’s industry standard for the boarder’s obligations when the Barn Owner gives notice to vacate? I.e. BO tells Boarder they have 45 days to get out. Is Boarder obligated to pay the full 45 days or can boarder move early and pay through moving date? My impression from the BO’s I know is that they only collect through moving date on a Boarder they’ve kicked out even if the boarder leaves early than technically required by the notice from the BO.
[QUOTE=trubandloki;8898756]
The barn owner gave you 45 days notice.
You responded with the fact that you would be leaving at the end of that 45 day notice. So you gave your notice, the barn owner was depending on your income and horses for the next month.
You decided to leave early so you pulled your horses out before the start of the next month and did not pay board for the next month.
The judge feels you agreeing to the 45 day notice means you have to pay for the next month, even though you were not there, your sudden change of move out date is not something that nullifies your notice.
Did I read it right?
If I did read it right then I have to agree with the judge, in responding that you will be there the next month, you need to pay for the next month.[/QUOTE]
I echo this. If this is accurate, then you didn’t give notice per your contract about leaving earlier than agreed upon. I assume that’s why the judge ruled against you.
Question is - is it cheaper to fight it or pay it?
It’s hard to give advice with a condensed version of the story. Did she give you written notice of when to leave or did she tell you? If it was a verbal telling you to go, then you might be stuck.
How was she making it unbearable for you to remain the entire time? is there any documentation that she may have breeched the boarding contract.
Depending on the $ it may or may not be worth it to file an appeal. Best to consult a lawyer, not a BB.
