Leaving boarding barn

[Anna.m]

So, long story short, I have decided to move boarding barns. I pay for full board. I have been there for 11 years. The BO went out and got a job and had hired staff. The care had deteriorated and my horses were not getting fed. I had addressed this issue, but it keeps coming up. And there was an incident when my horse was found shivering in the morning, and staff still turned her out, and no one notified me until 12:30 when no one was available to check on her, until I finished work at 6:30 that night.

My boarding contract stipulates 30 days notice when leaving. I am concerned that my horse will not be cared for in these 30 days, especially if I cannot make it out there 1 day. The contract also states that the barn owner cannot make changes without 30 days written notice. I received an email today, with a letter stating that the BO will be changing how my horses will be fed, once a day and additional charges will occur to have them fed 2 times a day. I have notified the BO that my mare has had significant weight loss by not being fed, and this change would not be healthy for her, but that does not matter. These changes will come into effect November 1, with only 5-6 days notice.

In my opinion the BO has voided the contact and I should be able to leave without the 30 days notice. Am I the only one who thinks this? Please be honest.

[Denali6298]

I pay double board. Pay for the 30 days and pay at the new place. For me, it’s not worth the headache to argue. I feel ya OP. The last place I left turned out to be run by paranoid crazy people. Ie “Does Denali actually have to budget for lessons or is she hiding her money situation from us.” That was an actual statement. I also got approached about “being a good client and holding a grudge against the trainer because they fired the manager who I became friends with.”

They never gave me a contract, but I gave 30 days, paid up and moved. During the conversation of my notice they said don’t worry about it. I replied it’s the right thing to do and my contract slipped through the cracks.

Give 30 days, pay and move ASAP.

[Cocorona]

I agree that it sounds like the BO voided the contract, but I suspect they will not see it that way and unless you’re willing to go get lawyers- unlikely to change their mind considering how you’ve described them here. Perhaps the cheaper (and safer) thing to do would be to move the horse as soon as possible and eat the last months board, fulfilling your 30 day notice. That would ensure you can get your horse out safely and quickly to a place where the care is to your standard.

[Anna.m]

Rock and a hard place. I can’t really afford to pay both places. The new barn wants first and last upfront so I had been saving to cover that.

[Stacie]

They are not fulfilling their contact. Create an email chain that you can take to court if necessary. Then move immediately. I wouldn’t pay n them for November

[skipollo]

I’d pay double board and get out. It’s not worth the stress or the impending fight that will happen if you try to leave without giving 30 days.

[Cocorona]

I wonder if the new place would give you an exception under the circumstance? If not, I still recommend leaving ASAP. Stacie’s advice is good, I’d add that you should start documenting everything. Email any issues to yourself so there is a time stamp and take pictures of anything serious. If you go to court (which can also be expensive) you’ll need as much documentation as possible to prove negligence on top of breech of contract

[mmeqcenter]

I have left a barn before without paying the board “owed” because the BO themselves voided the contract. To be fair, they would not pro-rate. After their inadequate care of my horse became apparent (and their actions that voided the contract), I still gave 30 days notice on like the 6th of the month, but their contract required I paid the ENTIRE next month, not just through the 6th. I was told that was illegal by a lawyer (can’t make you pay for space you aren’t allowed to use or something, so if I was required to pay for the entire month, I had to be allowed to leave my horse or equipment or anything at the barn through that entire time, but they would not allow that), so I paid through the the extent of my 30 days notice, and left that weekend. They flipped out, of course, called and emailed for a few days, denied their wrongdoing, but it didn’t go any further. However, going this route, there’s always a chance the BO will try to take you to court. While you may be in the right, it is costly and time-consuming to battle in court. But if it were me in your shoes again, yes, I’d be out.

[Gloria]

Your horse is currently fed twice a day, and if you want her continue to be fed twice a day, there will be a surcharge in a week? If that’s the case, the BO clearly voided the contract. I would just up and leave.

[Nezzy]

GO now. your horse is suffering.

[peedin]

Leave now. Don’t worry about previous BO.

[RedHorses]

Does your contract state that the horse will be fed twice a day?

If yes, then the BO is clearly a) changing the contract and b) violating the contractual obligation to give 30 days notice of contract changes. I would move my horse prior to November 1st (as in on or before October 31) and both hand the BO a written notice and tell them that as they have chosen to alter the contract without giving the required notice, and I do not accept the new terms, I am moving my horse to another location before those new terms take effect.

If your contract doesn’t state that horses are fed twice a day, then the feeding schedule change is not altering your boarding contract and would not be governed by the notice requirement in that contract.

This is not a lawyer’s interpretation, but rather a reasonable person’s interpretation of the second hand information provided.

[BoringEventer]

If I were in your situation, I would immediately move my horse and worry about the consequences later. Your current barn owner can’t stop you from taking your horse and leaving just because you didn’t give a 30 day notice or pay for November’s board. Her recourse is to take you to civil court and sue you for November board.

Whether or not she’ll actually take you to court over a month’s board is anyone’s guess - it can cost money to sue and is frequently time-consuming. People definitely have been sued over not giving 30 days notice, but a lot of barn owners also decide it’s not worth their time or effort to do so.

Plus if she does, I think depending on what exactly your contract said would be provided to you and your horse, and the obvious decline in your horse’s welfare, you’d have a pretty good argument that the barn owner violated the contract first and thus nullified the 30 day notice.

My two cent’s is that your horse’s welfare is worth the risk of getting sued over a month’s worth of board. Just get your horse out ASAP.

[findeight]

Yes, what does the contract say about how much or often the horse will be fed? Never had one that specified feed or timing in 50 years of boarding out but nothing is ever really standard among all barns. I have some experience in sudden barn operation changes, some worse then others, none good. None should have been a surprise, talk about learning the hard way.

Saying that, if you leave without giving 30 days after BO abruptly gives you 5 days notice of major changes with no opportunity for you to leave? Doubt you’ll get sued. You have a bigger problem here though, this BO has gone back to work off the property and has drastically cut back services. Next time you see this, understand it for the huge, waving red flag it isinstead of just an annoying inconvenience. This barn is on the way to shutting down and it’s possible BO is trying to get rid of any boarders ASAP without losing a penny of income from any leaving early.

You need to move your horse. Before the first. You could try written communication about the abrupt feed changes but if it’s not spelled out in the contract, good luck with that. Besides, some BOs act poorly if you give notice, this one sounds pretty sketchy and in financial trouble as well. Just go.

Hint, start removing your stuff a little every day. And remember A) Always have a plan B and B) emergency fund, not popular to mention but the hard truth.
.

[TWH_Girl]

Boarding absolutely sucks. Why is it impossibly hard to find a decent place to ride that FEEDS horses??!? The past few nights my barn has switched hay to a richer hay and so as not to cause colic, they are feeding ONE flake. ONE measly flake is not enough for my needs-to-gain weight youngster or my 1100 lb senior. Ugh. This should just be basic stuff that doesn’t need to be argued about.

I did leave in a similar situation to yours. BO voided her own contract by breaking her own rules. I left, did not give notice and did not pay. BO never pursued. I think most of these places are not going to incur legal fees over one month of board and try to prove or disprove what allegedly happened.

I am on a waiting list for a new place now but it may be a while. In the meantime, my board has increased, the hours at the barn decreased (they close at noon now on Sundays to “get things done” which still aren’t done…) and my horses are hungry. Hungry horses are not fun to ride or train either. I am looking at feeding hay pellets to mine to supplement until I move. Horse first in any of these situations. Always.

[CHT]

I agree that the barn owner is substantially changing what they offer with not enough notice, and I would also agree with leaving before the changes take effect.

[OverandOnward]

Even if it is not written into the contract, if the barn has been feeding twice a day during the length of your tenure there, it’s implied that this is part of your monthly board. That’s not a lawyer’s opinion.

In any case, I’m voting to go immediately and don’t pay them another dime. Pick a time when you are not likely to be bothered by anyone else, load your stuff and your horse, and go. Leave this place and these people far behind.

This sounds like the barn owner is not making as much as they wanted to on the boarding. Maybe they won’t object so much if people do leave, if they are making little or nothing on each of their boarders.

[OverandOnward]

We can all think of legal points all day long, but it doesn’t really matter. OP, you can up & leave and dare them to do anything more about it than harass you, which you can ignore.

If they get nasty, you can even tell them that you are thinking of suing them for not providing the level of care you have been paying for (hope you have documented all the shortfalls).

In spite of the bombastic threats people make, lawsuits are frequently not an option for either side because of the expense and the time required for the process. There is no “contract police”. It is up to the parties to enforce against each other, and they usually don’t have many realistic options to do that.

If they avoid the expense of an attorney ($250-$350 an hour in many places) and instead go to do-it-yourself court, it is still a process that has cost to it, with an uncertain outcome. I have a feeling your side of the problem will be easier to put together convincingly for a judge than their side.

In the end they have no assurance which way a judge will decide. If a judge rules against them, they may be assigned even more costs by the judge (paying the court fees for both plaintiff and defendant, maybe even defendant’s attorney fees).

I think it is very, very unlikely the barn owner is going to go after you legally unless they are attorneys themselves, or else frequently sue people and have a template ready to go. You can go to the courthouse and find out how often they have actually sued other people. If the answer is that they haven’t, I doubt they will start now. I’m not an attorney, that’s just life experience.

Anyway, at this point, this barn owner shouldn’t be surprised if they lose every boarder they have.

[lifeishorsesarelove]

This is what I would do, in this situation;
Leave between now and November 1, don’t say anything about leaving, just go. Don’t pay for November. If they want to come after you for the unpaid board for November, they can do that via small claims. You can represent yourself there and give a defense. Most people never actually file, but that would be the only thing they can do to try ro make you pay up. Don’t ignore any official court notices and be sure to show up if they do file against you. And don’t be worried that they’ll try to sue you for more - they can file for whatever amount, but they would only be able to get, at best, 30 days worth of board and the filing fees for small claims.

if your contract stipulates the number of feedings, then they have no claim to 30 days notice as they are voiding your contract. Even if its not in the contract, if they have always fed twice a day, then you have a solid argument for not owing them notice, if it came to them filing in small claims.

basically, show up with the trailer and get the heck out. If they want you to pay up for November, they can pursue that in court. Chances are they won’t.

[Anna.m]

Thanks everyone for your input. I moved my horses on Saturday the 3, as I could not during the week as of work.
I did not pay for the full month but greatly overpaid for the 3 days the horses were on property.
They are both settling in at the new farm, and hopefully my mare will start to gain weight now that she is actually being fed.
So thanks everyone for your help, it was definitely great to get some feedback and advice from unbiased people!