I have two students one has leased her horse to another because she was starting her career and just didnt have time. I believe the lease has another 6 or so months on it. Well leasor has decided she is in a stable place and would like to terminate the lease. In the contract it says that a 30 days notice must be given by either party. I told her she probably shouldnt do that. What is everyone elses opinion?
If she gives 30 days notice she doesn’t need a reason, provided that’s what the contract says.
That’s part of the deal with leasing. It’s not permanent and things can change. Maybe the owner has discovered that leasing just isn’t what she wants right now.
I have terminated leases for cause and came very close to terminating a lease just because I was getting tired of the person part leasing my horse.
why not do it, its her horse? And she does have a reason-her life situation has changed and she is now able to ride more. Just give the person leasing the 30 days stipulated in the contract and thats that. Doesn’t have to end on any bad note.
The ONLY thing, if I were the lessor that I might be nice about is if the person leasing had an upcoming show or something that they had been working really hard towards. I might agree to extend the lease until then if it was only a month or two away.
That clause exists in leasing contracts for just this reason. The owner is allowed to terminate at any time provided they give appropriate notice. They don’t have to give a reason, it’s their horse.
Has KateKat said, if leaser had been working towards a show, etc. I’d extend the lease through that date. I once was in a very similar boat, and while I terminated the lease, I did permit the leaser to continue to lesson on my mare once a week until she found another lease situation. That took the sting out of it for her and really didn’t impede on my riding time any. That might be an angle to present. Though they may just be 2 people that are not a good match and maybe she really doesn’t want the other girl leasing her horse anymore. She is entitled to make that decision and terminate.
I always just thought it would be bad form. I’ll let her know its acceptable though! Thanks!
I agree with you OP - I think its in bad form UNLESS the owner feels there is a reason for the horses sake to end the lease.
I am leasing out one of my show horses. For X months, guaranteed. Leasee may end lease early with 30 days notice but no refund on lease fee will be given.
Lessor (owner) may end lease with 30 days notice if breech of contract (ie. lease jumps outside lessons, harm to horse etc. etc.). They have paid and signed a contract for 12 months, it would be in extreme bad taste if I say sorry…30 days notice you are off.
If they had 6 months left on lease…they should get their 6 months unless there is a breech of contract.
If their contract is a “month by month”, that’s a different story. But if leasee has contract saying its for X months, I would certainly be pissed!
My guess is this is not a paid lease, but is a “free lease” or “expenses lease”. If a lease fee is involved, that’s trickier. But a free lease where each party has a 30 day kill clause is not the same type of obligation.
Contract
While it might be in bad form if the lease allows for termination without cause then it is over, hopefully lesson learned. A lease should have a sart and end date and the reason for early termination. There are several sites that have access to simple legal contracts that deal with horses. If the lease is terminated early without cause and it causes undue expense, insurance, boarding, nomination fees there may be a cuase for legal action.
Ultimately it comes down to whatever the contract says because that is the agreement. My interpretation of the OP’s post was that this is a month to month situation, in which case if the contract says 30 days notice from either party, it is perfectly acceptable for the owner to terminate under those conditions. Assuming these students both ride at the same barn, it might be helpful for the owner to say, “I’m feeling more comfortable with my new job now and I feel I am able to ride more than I thought I would” so the leasee understands why this is happening.
If the lease fee has been paid up front and there are still 6 months remaining, I assume a portion of the lease fee will be returned or shame on the leasee for agreeing to such a situation. I, personally, would never enter into a contract where I paid upfront & the owner could terminate the lease through no fault of mine and I wouldn’t be entitled to a refund. I can’t imagine that is the case.
If she is following the correct way to end the lease (30 day notice or whatever ) then I would be fine with it. She has a legitimate reason in my opinion.
Agree with everyone, thats the reason that clause is there, she has the right, but I suggest she contact the Leasee and explain the situation, maybe they could work something out where they could half lease for the remainder so that they are not out a horse mid season etc. I’ve leased my share of horses, and have always given the 30 days (mine were usually free leases of well seasoned and loved horses)… but I did once have to go pick up a horse with no notice, then again, there was no contract, so i had every right… especially when the horse had lost an incredible amount of weight and nothing was being done about it.
