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  1. #1
    Join Date
    Jan. 21, 2012
    Posts
    35

    Default Questions for owners who lease barns and fields

    If you lease your barn and fields to someone to run a business, do you cover the costs of repairing the fencing when their horses abuse it? The horses have been out 24/7 and she refuses to give hay, even in the winter because there is still some grass in there. The grass is dead, by the way. I took photos this morning of them lined up side by side eating, chewing and cribbing on the fence.

    What about covering the cost of putting up hot wire and the solar charger, because the tenant refuses to do it?

    Time to say bye, bye?



  2. #2
    Join Date
    Sep. 2, 2005
    Location
    Upstate NY
    Posts
    12,129

    Default

    I would assume that would have been in the lease contract.


    2 members found this post helpful.

  3. #3
    Join Date
    Jan. 21, 2012
    Posts
    35

    Default

    Quote Originally Posted by trubandloki View Post
    I would assume that would have been in the lease contract.

    Here are the words in lease contract
    #1 Tenant may operate a business described as "Horse Training and Boarding." with Landlord's written permission. The Tenant is responsible for all permits and licenses relating the this business and the Tenant indemnifies the Landlord of all liability, 'Costs," and fees associated with this business.

    #2 If any required repair is caused by the negligence of the Tenant/ and or animals, the Tenant will be fully responsible for the cost of the repair and /or
    replacement that may be needed.

    She says she isn't negligent because the fencing is older. I have photos of all the fencing and the only fencing that is being chewed down are newer boards.


    The pasture in question is one that wasn't included in the lease per say, but an "empty" pasture that I let her use so she could separate some of her horses due to issues with horses getting along. I know, my bad and I shouldn't have done that, but I was trying to be helpful and wasn't using it at the time anyway. No good deed and all that!

    ETA she now is calling it a leased pasture so I have to repair. I have never got any lease money for this pasture and the only pastures she leases with the barn are the 5 pastures next to the barn. This one is way on the other end of the farm.
    Last edited by Mylilalter; Mar. 27, 2013 at 03:47 PM. Reason: ETA more info



  4. #4
    Join Date
    Mar. 10, 2007
    Location
    Montana
    Posts
    5,274

    Default

    Do you have an escape hatch in that contract too? Sounds like she's bad news.

    Of course the fences are her responsibility, that's a no-brainer. You have all the circumstances on your side if push comes to shove but geez, it shouldn't have to come to that.

    Go tear the boards all down off that fence and tell her you're in the process of repairing the fence that she considers your responsibility.



  5. #5
    Join Date
    Feb. 28, 2006
    Location
    The rocky part of KY
    Posts
    9,374

    Default

    Quote Originally Posted by cowboymom View Post
    . . .
    Go tear the boards all down off that fence and tell her you're in the process of repairing the fence that she considers your responsibility.
    Good idea!

    Your contract looks quite clear to me but you may have to take her to small claims at the end of the term. I doubt she has any intention of paying to repair if she can get away with it, or she'll use inferior materials to get by and count on being uncollectable.
    Courageous Weenie Eventer Wannabe
    Incredible Invisible



  6. #6
    Join Date
    Dec. 29, 2006
    Location
    Mountains of WV
    Posts
    951

    Default

    Sounds like she is using a loophole. The pasture in question isn't included in the contract, so she is not going to pay for it to be repaired, even though it's being damaged by horses she is boarding/training. I love the idea of removing all the boards and say you will repair it when you can. . . until then it will be unavailable.

    Then I would get rid of her. Does this lease have an expiration date? or and escape clause?



  7. #7
    Join Date
    Dec. 19, 2008
    Location
    Where The Snow Flies
    Posts
    2,406

    Default

    Quote Originally Posted by Mylilalter;6905987[B
    ]#2 If any required repair is caused by the negligence of the Tenant/ and or animals, the Tenant will be fully responsible for the cost of the repair and /or replacement that may be needed.[/B]
    Done. It doesn't matter if the fences are older. Her horses are chewing on it - it's her responsibility to repair/replace it. As the property owner, I would say it's not up for her interpretation.



  8. #8
    Join Date
    Jan. 21, 2012
    Posts
    35

    Default

    Yes, I have an escape as I didn't renew her lease and just let it roll over month to month. So I can ask her to leave. I do have to give her 60 days notice, as that is in the original lease agreement. She has a very bad vindictive personality and she is not going to be a pleasant one to be around for 60 days.

    I just hate this and I know I will pay stress wise for awhile. She is working on loop holes for sure.She is claiming the fencing is over 30 yrs old....WHAT???? Yes, it was here when we moved here 12 yrs ago, but the majority of that pasture has been replaced since then. There are some fence posts rotting at ground level, but I told her we wouldn't charge for fence posts or any damage that was caused by weather/storms.
    That pasture is no older than all of my other pastures, but mine are still up and very functional, but I give my horses plenty of hay and I have no cribbers.



  9. #9
    Join Date
    Mar. 10, 2007
    Location
    Montana
    Posts
    5,274

    Default

    Crud-No fun there! I hope it resolves itself without driving you crazy. I'd peel away from her ASAP.



  10. #10
    Join Date
    Mar. 27, 2009
    Location
    Upstate NY
    Posts
    2,023

    Default

    It doesn't matter what she thinks. It up to her to replace the damaged fences. As for the other pasture, its time to tell her you want her horses out of it now because you want to repair it and the fencing around it. If she balks, simply say that the pasture is not in the lease contract and she needs to remove her horses from it now. Walk away. Take down the fence. Plow it up to reseed. No horses on that pasture. Period. Here's your notice. You are going to repair the whole farm and need the horses gone. Good luck.
    Trainer's website - photos of my horse Airborne under About and Francesca Edwards also in media page 1

    http://www.patricianorciadressage.com/



  11. #11
    Join Date
    Apr. 17, 2002
    Location
    between the barn and the pond
    Posts
    14,343

    Default

    Take the fence down in long sections. Remove the gate. Tell her to get the fruitbat out.



  12. #12
    Join Date
    Feb. 1, 2012
    Location
    Vermont
    Posts
    5,056

    Default

    Since that pasture wasn't included in the lease, and it sounds like you're just allowing her to use it, tell her the use of that paddock is no longer allowed, she must stick to using the ones that are included in your agreement.

    Then, like Katarine, I'd tell her to hit the road.
    "If you think nobody cares about you, try missing a couple payments..."



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