Questions about lease agreement to rent barn and pasture- help!

[allisonwonderland]

Hi! I’m new to the forums- I’ve learned a lot from y’all over the years but today I decided to join you. I have an issue about the barn and pastures I’m leasing and hopefully someone can give me some guidance before I sit down with the leasor and renegotiate our agreement:

I am leasing a barn with 3 pastures on a property on which the leasor lives. He has his property separated from the property I am leasing (fenced in pastures, barn, etc.). Currently, I am only renting the barn, not the attached indoor that is currently being used as a storage facility.

An issue came up yesterday when his two young kids were in one of the pasture, hopping over the fence, chasing each other, and taking my big bouncy ball for my horse and playing with it both inside the pasture and out. My issue is that my horse has a bad history of abuse which has turned him into being shy and skittish of certain things. His personality was told to the leasor before the contract was signed, but it boils down to this: the leasor believes he has every right to enter the pastures, or his kids, at any time and should be able to walk up to my horse and have contact with him- not just over the fence- right to his face in the field. I’m not ok with this. It wouldn’t even matter if my horse were not scared of things- it’s a liability issue of having anyone, minors nonetheless, entering the property in which I am leasing and touching my horse and property (ball) without permission.

My questions and concerns are:

It doesn’t say anything in our current contract about the leasor’s right to enter said property; however, we are going to sit down and discuss further actions.

Legally, how should my contract word the privacy/ danger issue?

I live in Pennsylvania- I have signs that say the liability risk to equine activities- are those enough?

I have liability insurance, but it boils down to no matter how bomb proof a horse may be, these children have no horse experience nor respect to my rented property when I am there- what could happen could be injury, they could open the gates and have my horse hurt other property or other people other than the children.

Please give your comments and expertise- I would love to continue to have my self-care facility but with the potential injury of children not listening to stay out, and the leasor saying my horse should be bomb proof enough to have them enter the pasture and pet/ play, in not sure if any kind of wording in a contract would give me peace of mind that it will stop. Thank you!

[clanter]

[QUOTE=allisonwonderland;8988941]
.

Legally, how should my contract word the privacy/ danger issue?

I live in Pennsylvania- I have signs that say the liability risk to equine activities- are those enough?

I have liability insurance, but it boils down to no matter how bomb proof a horse may be, these children have no horse experience nor respect to my rented property when I am there- what could happen could be injury, they could open the gates and have my horse hurt other property or other people other than the children.

![/QUOTE]

My attorney explained it to me that a horse is an attractive nuisance and warning signs will not fully protect you regarding a minor so we double fenced the public areas to keep kids out

I realize you are leasing and additional fencing is out of the question but I see no reasonable method or way whereas you will be able to limit these kid’s access.

My fear would be since you notify the owner that his children could get hurt might put you on record as having dangerous animals… what about just relocating?

[gumtree]

“I have signs that say the liability risk to equine activities”

Our farm is located in PA also. The Pa equine liability law was only passed about 10 years ago. One of the last states to pass this. However it is my understanding the law does NOT apply/include minors/children. Or is very limited in scope.

It is my understanding the law protects the owner from some boneheaded Adult walking into their paddock/field getting hurt by a horse suing for damages. But the same does not apply to children.

You might want to check with an Attorney to clarify this and “renters rights” under PA law. Most states allow a landlord to have access to the property under certain conditions. But I doubt they have the right to come and go as they please.

[Gainer]

I would get the hell out if that is how the landlord wants to run things. I recently rented property where there was another tenant. She felt she, her children, her boarders (and boarders’ children) plus their dogs had the right to run around my pastures and on my side of the property, play in my barn, etc.

Oh hell no!

Took quite a while for my landlord to understand my concerns and I had to threaten to leave before things got (marginally) better. Fortunately, the tenant was evicted not long after and I no longer have to worry about her.

[IronwoodFarm]

If you can have a civil discussion, then I would ask the property owner to sign liability releases for himself and his children. I would also make liability releases available to him in case he has guests. If you have a liability policy, I am surprised it is not required already. That offers you some protection and puts him on notice about liability concerns.

If you want to stay there, I would not make a big deal about your horse. I would simply say horses can be unpredictable and while you don’t think anything would happen, your insurance company requires you get liability releases. Honestly, most horses get desensitized to things. My horses are so used to gun shots from the locals hunting, they don’t even react. You can stand on your principles about the liability exposure and even be correct that your exposure is increased, but your landlord clearly expects his children can run in the fields.

And sometimes if really pays off to have the landlord on the property. He may notice something is wrong with your horse(s) when you are not there. He may be willing to toss get horses fed for you when there is a really bad ice storm. I am not saying he is like this, but if you have a non-adversarial relationship, I think there are benefits.

Sometimes you have to let things slide off your back. If I had signed releases on the kids, I would be leave it alone.

[ASB_Stars]

Ditto to what Gumtree and others have mentioned…

Unless your lease specifically allows the Landlord, or Lessor, to have entry (usually with notice), they need your permission.

I know it’s a farm, but think of it this way- can a landlord come walking into your apartment at will? Of course not.

Unfortunately, most Landlords do not get that. It also depends on your relationship with them- you generally want to massage the situation, rather than put your foot down, initially. You can’t unring that bell.

I’d take a close look at your lease, and then have a nice conversation, where you make the safety concerns, along with the contractual understanding, clear. Then you need to reduce to writing the gist of that conversation, and send him a nice letter. “This letter is to confirm our understanding…”

God luck.