Does a lease need to specify a way to terminate it?

[StillHorseCrazy]

I’m talking to someone about leasing their horse. Their lease contract doesn’t have a section in it that specifies how to terminate the lease, like “either party may terminate the lease with 30 days written notice” or something like that.

The horse owner doesn’t want to put this info in the lease, and says things like “of course if something comes up, you can get out of the lease.” But I want a process written in the lease. This seems important to me, and I think I might end up walking away from this lease over it. Can I get a reality check on this? Thank you!

[Redlei44]

You are correct and being totally reasonable. That’s a standard part of a lease and there is no good reason to leave it out. Best case scenario, the owner is being lazy and doesn’t want to edit their doc. Worst case, they have some sketchy reason for not being held to a reasonable standard.

if you didn’t care either, then fine. But you do care and it if the owner seriously says no to this simple request, I would walk as well.

[fjordmom]

If the owner is saying " of course…" there should be no problem putting that in writing IMHO. If committing to writing is a problem, that would be a red flag for me and yes, I’d walk away.

The other option is writing the least to be for only 30 or 60 days at a time, to be renewed if you want. Frankly that would be a PITA in my mind, but at least it would limit your commitment if you needed/chose not to renew for some reason. Flip side, is you could loose a lease you’d like to continue.

Either way, best to sort it out and get it ALL in writing BEFORE you start the lease and a problem occurs.

[fourfillies]

This is likely the biggest source of friction in a lease. What happens when the horse can’t do the job? Get it in writing or walk away. I’ve had great leases and I’ve also had many months of bills on a horse I couldn’t ride. But, I knew that when I signed the lease.

[Where_sMyWhite]

@fjordmom

If the owner is saying " of course…" there should be no problem putting that in writing IMHO. If committing to writing is a problem, that would be a red flag for me and yes, I’d walk away.

Big red flag for me. IMO lease should explicitly define how both the lessor and lessee can terminate the lease. No fuzzy words…

[Highflyer]

Yes, definitely!

[HungarianHippo]

To me it’s a deal breaker for her to be sidestepping something that is reasonable and that protects both parties.

Now, I’m not a lawyer but in my experience, if the rules regarding termination are not spelled out, then the HO can’t come after you for penalties, extra month payments, etc. That doesn’t mean she wouldn’t try, but I don’t think I’d be all that worried about my own liability. (unless, of course, you have to put down some kind of security deposit, in which case you can pretty much count on that being withheld). But on the flip side you’d also have no protection-- she could terminate 2 days into a new month and you’re stuck with having just paid full board or other fees that are paid in advance.

[poltroon]

It does need a process with a clear understanding so that both you and the owner understand what it will be.

“of course if something comes up, you can get out of the lease.”

Does that mean to her that if I call her and leave a message on her voicemail on Sunday May 31 that I’m not going to ride any more that we’re all good that there will be no June 1 check? Does it mean if I text her on June 10 that I’m done that she refunds 2/3 of my June payment? My guess is she’d be mad in either of those cases.

She may be thinking that you’d ‘work it out’ when the time comes. That’s not the best plan. Clear expectations are the best plan. You or she are always welcome to informally renegotiate if something unexpected happens; she can always be more generous if circumstances permit, as can you.

I think what’s fair and reasonable and simple is that either party can cancel the lease for any reason or no reason with 30 days written notice. She as the owner will always have 30 days to replace that income or find a new rider for the horse if needed; you as rider will always have 30 days to make other riding arrangements. You as rider never have more than 30 days’ liability for the bills; she as owner never has to put up with more than 30 days of your annoying or irresponsible conduct.

You can try to write something more messy to include unforeseen calamity, but I think the simple 30 days is a better place to start. It protects you both without requiring someone else to adjudicate fault, blame, soundness, fitness for purpose, etc.

[trubandloki]

You are definitely not wrong!

If this horse is something you really want to ride and all the other terms are good I would ask again about modifying the contract. This owner might simply be ‘no big deal’ not intending to be nefarious by not putting it in there. If you say you do not want to sign without that and explain why then they should be willing to add it.

[S1969]

@StillHorseCrazy

I’m talking to someone about leasing their horse. Their lease contract doesn’t have a section in it that specifies how to terminate the lease, like “either party may terminate the lease with 30 days written notice” or something like that.

The horse owner doesn’t want to put this info in the lease, and says things like “of course if something comes up, you can get out of the lease.” But I want a process written in the lease. This seems important to me, and I think I might end up walking away from this lease over it. Can I get a reality check on this? Thank you!

All properly written contracts have a termination clause. Not just lease contracts.

It is for the protection of both parties – what if the horse owner gets a job out of state? Are they obligated to continue to lease their horse to you? What if you break your back? Are you obligated to continue paying for a horse that you can never ride again?

I wouldn’t feel the slightest bit afraid to tell the owner that you are not willing to enter any kind of contract (with anyone, for anything) without a termination clause.

[2tempe]

I have leased out two of my horses over the years. Both were month to month, “free leases”. One said terminate on 30 days notice or if something happened to horse - poor care, serious injury, sickness - I could/would take back immediately. The second one said termination with one full calendar month notice (ie if you decide today to not want the horse, you would owe thru end of July. If you decide on June 29th, you owe thru end of July. ) This was primarily because of her original home being close to full. Also terms re immediate termination.
First horse came back to me when he started showing neuro symptoms. Cervical arthritis. Second one came back when rider’s trainer moved away. I ended up with roughly 6 weeks notice.

Note that in both cases I knew where the horse was going; knew the property, the on site trainer and the farm managers.

Horse’s owner is off base; its not complicated, lol.

[Zu_Zu]

Yes Ӣ

[IronwoodFarm]

Yes, the termination terms are the most critical part of the contract. We all want to think that everything will go happily ever after, but It doesn’t work that way. You need clear termination language in any lease contract. If the horse owner does no want to include this language, then walk away from the lease. Termination language protects everyone.

[BUSY]

Yes - protects everyone involved in the lease.