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  Discussion on Being kicked out of Barn
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Posted on Tuesday, Aug 8, 2000 - 10:05 am:

I have my horse boarded on a private farm with three other boarders. It is "self care". I signed a release of liability with the owner of the farm that basically pertains to injury and the dangerous nature of owning a horse and that was it. The owner does not live on the farm and comes to the farm once a month to check on things. He is very tempermental and irrational. Last week when he was home I had written him a note in with my board check reminding him his agreement to maintain the mowing of the fields. He came to me in the barn and yelled that if I didn't like things to get out. My question is...Is there any law to protect a boarder from being thrown off the property that quickly? How much time does a boarder have once they have been asked to leave to pack up and move out? Are there any laws to protect the boarder in this incidence? Does he have the right to kick me off the property over this?I have been an excellent boarder and I was not complaining..I was just reminding him of his agreement, because he does drag his feet about the mowing. I live in Pennsylvania

Posted on Tuesday, Aug 8, 2000 - 11:41 am:

Hi Sue,

having dealt with irrational barn owners, I can relate. I'm not sure if he was actually throwing you out or just engaging in threatening behavior to stop you from complaining. I'm assuming that you don't have a signed contract so I guess that no real notice is required. That said, I'm sure that you could stay for at least 1 month to give you time to find another place. If you decide to stay you have to ask yourself is dealing with this kind of person worth it? Having been down this road, I have to say that moving to another place that is more "business like" would be my choice, even if it means a longer drive to the stable. Until I can get my own place (long term plan) I have to board and put up with various inconvenciences (as well as the nice conveniences). My horse is my recreation (of course he's much more then that, but I'm simplifying) and should not be a source of stress. So if you're going to be on tenterhooks all the time I would recommend that you move.

good luck.

Teresa

Posted on Wednesday, Aug 9, 2000 - 1:33 pm:

Sue, here's some legal information (not advice -- I am a PA lawyer but I'm not your lawyer, and I'm not familiar with your individual situation). Without a written contract, the "term" of your lease is determined by the practice that you and the owner follow. If, for example, you pay board monthly, then you have a month-to-month lease. If you pay board weekly, you have a week-to-week lease. That means that every time the owner accepts your board check, you have a functional "contract" permitting you to keep your horse at that barn until the next check is due. If the owner wishes to kick you out, he must permit you to stay until the end of that "lease" term.

That said, the owner probably does not understand the niceties of contracts arising out of a course of conduct, and you probably don't want to deal with racing to the court house to request an injunction preventing him from turning your horse out into the street (or with filing a lawsuit after the fact, claiming breach of contract and demanding compensation). Whether it would be legal for him to kick you out is a separate question from whether he might do it, and whether it's worth your while to fight about it! Even if you went to court, one never can predict what an individual judge will do with an individual case.

I agree with Teresa. I have been at a barn with unsatisfactory management, and nothing spoiled the joy of seeing my horse faster than the irritation of seeing the barn owner. Don't let it happen! Good luck.

Lisa

Posted on Sunday, Aug 13, 2000 - 10:01 am:

Thank you Lisa and Teresa for your information. I am on the alert for a backup barn to go to in the event the situation worsens. Lisa, the information you shared with me is what I was looking for...I just wanted to know if he had the right to kick me out in a days notice and I had a feeling he did not, but, I wasn't sure. I am a Realtor and I understand completely about you informing me of "I am not your lawyer"..Thanks for the input. Sue
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