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?
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 04:47 PM.
Reason: ETA more info
. . .
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.
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.
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?
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.
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.
"If you're ever sad, just remember the world is 4.543 billion years old and you somehow managed to exist at the same time as David Bowie."
~Dean Podestá Original quote
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..."