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Giving Notice to Boarding Facility-UPDATE post #28

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  • Giving Notice to Boarding Facility-UPDATE post #28

    Hey all,
    Today I am giving notice to the barn manager/trainer that my horse will be out of the facility within one week (by 8/17). I pay board on the 10th of the month so I'm giving a thank you card with a check for one weeks board (in fact the horse is leaving on the 14th, but I thought I'd at least pay the week).

    Now I'm second guessing myself and wondering if I just shouldn't give her a check for the full month to avoid any problems. This actually would have been my first option but there are two reasons I'm not sure I want to do this.

    The first being I never signed a boarding contract that asked for any notice. Nor did she ever mention giving notice when I moved into the barn

    The second being that on 7/31 I got a very random and angry voicemail from the barn manager telling me to get my horse out of the barn. I called her back immediately and said I was of course willing to leave as it was her facility but that I really didn't understand what she was talking about in her voicemail (she mentioned something about drama with two other boarders). She immediately apologized and said she was having a bad morning and I became the target of her aggression and that I could stay at the facility. I was excited that I didn't have to find my horse a new home asap but of course I became very uncomfortable at the barn.

    Now, due to some health issues, and a pregnancy (!) I have found a wonderful woman to lease my horse for the next year and she wants to take him on 8/14.

    So that is the story.

    My question is, is it ok that I give one week's notice and a check for one week, or should I just suck it up and write her a check for the full month to avoid any problems?

    THANKS!
    Last edited by alterbaby; Aug. 14, 2010, 02:28 PM.

  • #2
    Since there is no written contract, and given that rude phone call, I would not pay extra. You were treated badly and I wouldn't trust that volatile person with my horse. Pay your week and go!

    Comment


    • #3
      Originally posted by HPFarmette View Post
      Since there is no written contract, and given that rude phone call, I would not pay extra. You were treated badly and I wouldn't trust that volatile person with my horse. Pay your week and go!
      Yup.
      Tell a Gelding. Ask a Stallion. Discuss it with a Mare... Pray if it's a Pony!

      Comment


      • #4
        Originally posted by sublimequine View Post
        Yup.
        Except that "no written contract" does not equal "no contract."

        If the contract agreed to, orally, is "month to month" then a month is what is due. On the other hand if the barn is willing to settle for a week then that's a functional modification of the contract and everything's jake.

        G.
        Mangalarga Marchador: Uma Raça, Uma Paixão

        Comment


        • #5
          Originally posted by HPFarmette View Post
          Since there is no written contract, and given that rude phone call, I would not pay extra. You were treated badly and I wouldn't trust that volatile person with my horse. Pay your week and go!
          Yeah, and try to find that middle ground between bending over and being nice. Look, your life sounds great-- preggo and found a leasor for you horse-- congrats! The BO who made a bad business decision because of a single "bad morning" might not feel so grand about her lot. Who does that (and accuses others of drama) except for the unhappy themselves?

          I'd pay the week and leave a thank you note. I'd also take a moment to find the BO in person and let her know you aren't leaving ASAP just because of the one phone call. Nothing personal on your end, hope there's nothing personal on hers, that's all.
          The armchair saddler
          Politically Pro-Cat

          Comment


          • #6
            Originally posted by Guilherme View Post
            Except that "no written contract" does not equal "no contract."

            If the contract agreed to, orally, is "month to month" then a month is what is due. On the other hand if the barn is willing to settle for a week then that's a functional modification of the contract and everything's jake.

            G.
            G. This is my concern

            However, I received some private messages from people who seemed to think that if she had kicked me out without giving me notice (which is what she did) that I could then leave without paying her board.....?

            Comment


            • #7
              Originally posted by Guilherme View Post
              Except that "no written contract" does not equal "no contract."

              If the contract agreed to, orally, is "month to month" then a month is what is due. On the other hand if the barn is willing to settle for a week then that's a functional modification of the contract and everything's jake.

              G.
              The mere fact that a contract is verbal doesn't mean the notice period is one month. It depends what was discussed.

              Moreover, it sounds like the barn owner may have terminated/breached the contract by kicking the OP out with no notice.

              It's impossible to play armchair lawyer without knowing the facts, the jurisdiction, etc. There's no absolutely "one more notice" default rule that applies to all oral boarding contracts, under all circumstances. Nor does accepting a lesser amount extinguish the barn owner's ability to sue the OP and seek board for a greater amount of time. We just don't know enough to say either way.
              ~Veronica
              "The Son Dee Times" "Sustained" "Somerset" "Franklin Square"
              http://photobucket.com/albums/y192/vxf111/

              Comment


              • #8
                Originally posted by alterbaby View Post
                The first being I never signed a boarding contract that asked for any notice. Nor did she ever mention giving notice when I moved into the barn
                If you never discussed the need to give notice, or never discussed exactly what "monthly board" meant -- then there is no oral contract requiring you to pay for a full month, or to give notice.

                Barn Owners need to get signed contracts just as much as boarders do. Arguing that there was an oral contract won't get a BO far in court unless they have corroborating evidence of the existence of, and specific terms of, the oral contract.
                ...somewhere between the talent and the potato....

                Comment


                • #9
                  Just know that BO's that leave snarky emails with less than controlled emotions are 100% likely to talk badly about you if you leave without paying a full month's board, and 50% likely if you do pay for the full month.
                  I'd say it depends on your reputation, and whether you want to be welcomed into every barn you are interested in.
                  www.destinationconsensusequus.com
                  chaque pas est fait ensemble

                  Comment


                  • #10
                    The BARN MANAGER left the mean message. The BARN OWNER did not, according to the initial post.

                    I do not believe there is any written contract that I have with my barn owner where I must give 30 days notice and know people who have left the facility without giving more than a day or two notice. I will, however, give 30 days notice because I like my barn owner.

                    In this situation, if there is a contract, the barn owner did not negate that contract since it was the barn manager that made the rude phone call. Hence, that argument is invalid.

                    If you have no contract, do what you think is right. If you do have a contract, follow the contract's outlines.

                    Comment


                    • #11
                      Originally posted by Ajierene View Post
                      The BARN MANAGER left the mean message. The BARN OWNER did not, according to the initial post.

                      I do not believe there is any written contract that I have with my barn owner where I must give 30 days notice and know people who have left the facility without giving more than a day or two notice. I will, however, give 30 days notice because I like my barn owner.

                      In this situation, if there is a contract, the barn owner did not negate that contract since it was the barn manager that made the rude phone call. Hence, that argument is invalid.

                      If you have no contract, do what you think is right. If you do have a contract, follow the contract's outlines.
                      Sorry if I mis-typed. The trainer at the facility is who I call the "barn manger". If I ever said barn owner I mis-typed. Barn owner has nothing to do with this. There is no contract with trainer/barn manager and she is the one who left the nasty voicemail. Barn owner has nothing to do with the boarding business with respect to boarders.

                      So apparently trainer/barn manager won't be back from the pony auction in kentucky until tomorrow so I have one more night to worry about this

                      Comment


                      • #12
                        Originally posted by Petstorejunkie View Post
                        Just know that BO's that leave snarky emails with less than controlled emotions are 100% likely to talk badly about you if you leave without paying a full month's board, and 50% likely if you do pay for the full month.
                        I'd say it depends on your reputation, and whether you want to be welcomed into every barn you are interested in.
                        I agree. Sometimes using the industry standard, which in this case would be a 30 day notice (or paid for 30 day notice), is worth it down the road. It sucks to be the nice guy sometimes, but it can really pay off in the long run. Just get a receipt for proof of no other debt owed.

                        Comment


                        • #13
                          Originally posted by jetsmom View Post
                          I agree. Sometimes using the industry standard, which in this case would be a 30 day notice (or paid for 30 day notice), is worth it down the road. It sucks to be the nice guy sometimes, but it can really pay off in the long run. Just get a receipt for proof of no other debt owed.
                          30 days seems like the right thing to do.

                          HOWEVER if I'm going to pay for 30 days he is going to stay for 30 days and I am going to ride him. I'm not about to pay for a horse that I cannot ride/see. I guess its time to check with the lessee to see if she will take him 09/10 instead of 8/14.

                          Comment


                          • #14
                            Is there a separate barn owner that is involved with the business? Is she aware that there is no written contract? I find that an unprofessional way to manage a business. And she needs to know about this breach of etiquette of her employee, the barn manager/trainer.

                            I own a barn and if one of my employees acted in this way I would have a serious talk and may even terminate the employee. I then would approach the horse owner and try to come to a resolution realizing that trust had been broken and the owner probably would never be comfortable at my barn again. In that situation I would not ask for a month's notice. It's an unfortunate responsible of running a business.

                            As a horse owner myself I would be seriously concerned that this woman's emotions might get out of hand when she was handling/training my horse. It certainly wasn't professional. I think you have grounds for breaking your contract, whether verbal or written. Ethically it's a toss up. You know the community. The community probably knows the barn manager/trainer. Do what you think is the wisest course of action and will provide the best situation for your horse.
                            Susan B.
                            http://canterberrymeadows.com/

                            Comment


                            • #15
                              Originally posted by alterbaby View Post
                              30 days seems like the right thing to do.

                              HOWEVER if I'm going to pay for 30 days he is going to stay for 30 days and I am going to ride him. I'm not about to pay for a horse that I cannot ride/see. I guess its time to check with the lessee to see if she will take him 09/10 instead of 8/14.
                              Let's hope nothing vindictive happens! Sounds like the barn manager is a bit off her rocker, that would worry me!
                              ~Veronica
                              "The Son Dee Times" "Sustained" "Somerset" "Franklin Square"
                              http://photobucket.com/albums/y192/vxf111/

                              Comment


                              • #16
                                Would you pay 30 days if you sold the horse? No. The horse is gone. The contract is with you not the horse. If you want to lease the horse to someone to me it is the same as selling (except for the part where actual ownership changes hands.) and again the contract is with you, not the horse. You would no longer have a horse, thus no longer need a stall.

                                Comment


                                • #17
                                  Originally posted by Seal Harbor View Post
                                  Would you pay 30 days if you sold the horse? No. The horse is gone. The contract is with you not the horse. If you want to lease the horse to someone to me it is the same as selling (except for the part where actual ownership changes hands.) and again the contract is with you, not the horse. You would no longer have a horse, thus no longer need a stall.
                                  I'm not sure this logic applies-- I boarded at a weird barn once that had a 6 month minimum in their contract (had this thrown upon me after I was already there a couple weeks and had nowhere else to go...lovely). I ended up transferring schools to another state (5 hours away) and donating my horse. The BO created a huge drama about how I had to pay her board, regardless of the situation. Whether or not she was in the right, who knows. Just throwing it out there.
                                  "Last time I picked your feet, you broke my toe!"

                                  Comment


                                  • #18
                                    Most places I've boarded have had 2 week notice rule either way (BO had to give you 2 weeks to find a new place if they asked you to leave; you had to give 2 weeks notice...or just pay prorated through two weeks if you wanted to leave). One was 30 days. It stands to reason that they need time to fill the stall and loss of income, and the boarder also need time to find a new place (though most already have a spot lined up when they give notice).

                                    Since there isn't a contract, I'd be assertive and firm, but polite and hand-deliver the board check saying you've included an extra (week-two weeks, whatever you settle on) and that you're horse will be leaving X date because you found someone to lease. Follow up with a nice, "I've enjoyed boarding here and thanks for caring for my horse," even if not 100% sincere, and leave it at that. It's always best not to burn bridges because you never know when you might need a place to go back to, but don't be a doormat either.

                                    Did the manager/trainer give you a timeline when they demanded you vacate the barn? If so, I'd use that as my guide (i.e. if she told you to be out in a week, then I'd feel perfectly comfortable giving a week's notice).

                                    Even the places that were completely awful boarding situations I left on good terms because you never know when they might be having a schooling show, clinic or even a sale horse you want to go look at.

                                    Comment


                                    • #19
                                      Why not spilt the difference and pay until the end of the month? That's a little over two weeks, so they get some extra and you're not out a full month. Would make sure the BO knows about the trainer's attitude!

                                      Caitlin
                                      Caitlin
                                      *OMGiH I Loff my Mare* and *My Saddlebred Can Do Anything Your Horse Can Do*
                                      http://community.webshots.com/user/redmare01

                                      Comment


                                      • #20
                                        Originally posted by alterbaby View Post
                                        30 days seems like the right thing to do.

                                        HOWEVER if I'm going to pay for 30 days he is going to stay for 30 days and I am going to ride him. I'm not about to pay for a horse that I cannot ride/see. I guess its time to check with the lessee to see if she will take him 09/10 instead of 8/14.
                                        She was willing to kick you out with no notice. You don't owe her anything. Leave now.
                                        "The mighty oak is a nut who stood its ground"

                                        "...you'll never win Olympic gold by shaking a carrot stick at a warmblood..." see u at x

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