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Update! Page 2...Dilemma-WWYD?

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  • Update! Page 2...Dilemma-WWYD?

    Got a call from my neighbor, who has just signed a contract on a rent-to-own in Mass...nice little farmhouse with a 10 stall barn on 5 acres. Prior owner (now residing in Fla) told a previous boarder that she could stay until the house sold. Now Neighbor has occupied the house, asked boarder to vacate the barn, and she refuses.... WWYD if this was your situation? I told him to go down and tack a bill to the front of the stall for whatever amount he chooses for board... as well as notify the police in the town that she is a trespasser? Normally I would be on the side of the horse owner, but this horse owner thinks she can stay there rent free? WWYD?
    Thanks in advance for your input!
    Last edited by kari; Feb. 8, 2011, 07:17 PM. Reason: update to dilemma...
    ~Rest in Peace Woody...1975-2008~

  • #2
    I guess this is sort of obvious but didn't your neighbor talk to the owner about this before they took occupancy? Since it is rent to own there is still an owner, and I would think owner would fix this.

    Comment

    • Original Poster

      #3
      Originally posted by bizbachfan View Post
      I guess this is sort of obvious but didn't your neighbor talk to the owner about this before they took occupancy? Since it is rent to own there is still an owner, and I would think owner would fix this.
      Property owner told freeloading boarder that she would have to leave when new "owner" took possession, he told rent-to-owner that she was aware she would have to leave. Rent-to-owner told boarder that she needed to leave, she got argumentative, and said no, she liked the set-up where she was now. Of course she does, the barn is still full of hay from owner, and owner has been paying the electric and utilities on the property since he has moved to Florida. Owner is an elderly gentleman, who decided to head south because he was injured in an accident several years ago, and the farm is now too much for him to handle...
      ~Rest in Peace Woody...1975-2008~

      Comment


      • #4
        In FL you would have to have the boarder legally evicted.
        "Perhaps the final test of anybody's love of dogs is their willingness to permit them to make a camping ground of the bed" -Henry T. Merwin

        Comment


        • #5
          Originally posted by kari View Post
          Property owner told freeloading boarder that she would have to leave when new "owner" took possession, he told rent-to-owner that she was aware she would have to leave. Rent-to-owner told boarder that she needed to leave, she got argumentative, and said no, she liked the set-up where she was now. Of course she does, the barn is still full of hay from owner, and owner has been paying the electric and utilities on the property since he has moved to Florida. Owner is an elderly gentleman, who decided to head south because he was injured in an accident several years ago, and the farm is now too much for him to handle...
          None of this explains why the owner shouldn't help fix this. I'm pretty sure your friend would have to get the legal owner's permission (official) to evict this lady anyway.
          Originally posted by tidy rabbit
          Oh, well, clearly you're not thoroughly indoctrinated to COTH yet, because finger pointing and drawing conclusions are the cornerstones of this great online community.

          Comment

          • Original Poster

            #6
            Thanks for the input, and keep the comments coming, I am sending the neighbor a link to this thread....maybe he will put in his two cents!
            Then we'll have a party!
            ~Rest in Peace Woody...1975-2008~

            Comment


            • #7
              Much as I appreciate the collective wisdom of COTH, I think your neighbor needs to consult an attorney to find out their responsibilities and rights as well as those of the owner and the boarder so that the situation can be resolved as quickly as possible.
              Auventera Two:Some women would eat their own offspring if they had some dipping sauce.
              Serious Leigh: it sounds like her drama llama should be an old schoolmaster by now.

              Comment

              • Original Poster

                #8
                Originally posted by RockinHorse View Post
                Much as I appreciate the collective wisdom of COTH, I think your neighbor needs to consult an attorney to find out their responsibilities and rights as well as those of the owner and the boarder so that the situation can be resolved as quickly as possible.
                Agreed. I told him as much, but I just wanted the input of the collective wisdom of COTH! Honestly, I feel bad for the horse!
                ~Rest in Peace Woody...1975-2008~

                Comment


                • #9
                  "I speak softly but carry a big stick"-- that's how I roll.

                  Your neighbor should call the owner in FL: "Look, sorry to bother you with this but Boarder isn't respecting the agreement you have with her. You know and I know she needs to leave. Will you see what you can do?"

                  FL guy knows the boarder well and may be just the guy to help Boarder see the error of her ways. It may be cheaper and easier to have him do this. After all, Neighbor has no reason to honor her agreement with FL guy if he can't make Boarder leave. FL guy knows this.

                  If he wants no part of that, your neighbor needs to let him know that she WILL resolve this one way or another. If he doesn't want to help get that done the easy way, then he'll have to accept how it's done the hard way.

                  Then Neighbor lets Boarder know that the Boarder can leave the easy way or the hard way, at the end of 30 days (or whatever) with paid board, or she can be evicted now. Pick one.

                  I suppose if worse comes to worse, Neighbor can bail on the Rent-to-Own deal. But chances are that FL guy really doesn't want that to happen.

                  Best of luck to your Neighbor. I'd be furious and steely-eyed. That seems to help people recognize that they have met a Big Stick Diplomat.
                  The armchair saddler
                  Politically Pro-Cat

                  Comment


                  • #10
                    I think that neighbor needs to send boarder a certified letter notifying her that he has taken over possesion of the preperty and she has 30 days to vacate or begin paying rent at the rate of XXXXXX per month. make it expensive, make it no fun to be there. get the point across.

                    Comment


                    • #11
                      Neighbor could post the hay for sale on Craigslist. Once all that free hay goes away, betcha Boarder will go away, too!
                      I realize that I'm generalizing here, but as is often the case when I generalize, I don't care. ~ Dave Barry

                      Comment


                      • #12
                        Originally posted by Guin View Post
                        Neighbor could post the hay for sale on Craigslist. Once all that free hay goes away, betcha Boarder will go away, too!
                        this is an excellent idea. i think that power to the barn should also be cut...
                        * trying hard to be the person that my horses think i am

                        Comment


                        • #13
                          Personally I would send a notified letter that says the boarder can either have 30 days to vacate at a board rate of x amount (I would make it high) or vacate immediately. If possible, I would shut off both the water and electric if they stay but refuse to pay board. I would also contact a lawyer about what the laws are on evicting a boarder and start to take action. I would also consider throwing horse into the pasture (if there is one) then lock the stall doors or barn doors if possible. Of course I would make sure the horse was taken care of BUT I would make the owners life difficult.

                          Comment


                          • #14
                            Does your friend have a horse there too? If not, I would absolutely sell (or move) the hay somewhere else and would absolutely cut the electricity to the barn.

                            Comment


                            • #15
                              Originally posted by mvp View Post
                              ... a Big Stick Diplomat.


                              I have nothing to add to the excellent advice already rendered, but wanted to thank mvp for the Big Stick Diplomat. Love it, and will be able to use it in many and varied situations (with proper credit, of course!).
                              Equinox Equine Massage

                              In the depth of winter, I finally learned that there was in me invincible summer.
                              -Albert Camus

                              Comment


                              • #16
                                Methinks I'd be calling the local police and asking what to do about a chronic trespasser.

                                Might not help evict her, but you never know. The sight of those men in blue can have an electrifying effect on some folks,............particularly if trespassing isn't their only crime.
                                In loving memory of Laura Jahnke.
                                A life lived by example, done too soon.
                                www.caringbridge.org/page/laurajahnke/

                                Comment


                                • #17
                                  ESG is right. Definitely lodge a report with the locals, so that they know what's going on, if nothing else. You never know what might happen - what might come up. Sudden barn fire, tresspasser leaves and so does all the hay -

                                  Personally, I would put the horse out, lock up the barn, board my horses elsewhere, and sell the hay cutting all the utilities to the barn. I would do all of this just after filing a complaint with the cops.

                                  I would make sure I had my documents in order and had a copy of correspondence from owner to old renter telling them to leave, so I could show the cops. File the report, and lock up the property. There is nothing which says I can't lock up my property. I would take each and every personal item of the exrenter's and drop it all off at her house. Then she has nothing on the property, except the horse. Personally, I'd drop the horse off too.

                                  But definitely sell the hay!!!! Even if she sells it to a friend and gets it back again afer the free loader leaves.
                                  Airborne? Oh. Yes, he can take a joke. Once. After that, the joke's on you.

                                  Comment


                                  • #18
                                    Also, put other people's horses in the stalls. Rent out the stalls. Personally, I have always believed in putting such a person's horse on a trailer and dropping it off at their house. There would be nothing at all they could do about it. No recourse legally. What are they going to do, come back onto the property? If they have nothing of theirs on the property, they have no right there, so leave all their tack and blankets and buckets on their front stoop as well. You could put up a temporary paddock like you might at a show, if you don't want to tie the horse to the mailbox. Truly, what is the freeloader going to do, say I was freeloading and refused to leave, and look, the new owner brought all my belongings to my house? You could even say that's what you both agreed on, you offered to bring her her horse and you did. Its your word against hers. You did all that free, out of the goodness of your heart, she doesn't owe you for transportation or board or anything. You forgive her the debt. Buh bye.
                                    Airborne? Oh. Yes, he can take a joke. Once. After that, the joke's on you.

                                    Comment


                                    • #19
                                      I have to disagree with putting someone else's horse on the trailer and dropping it off at their home. It's a fun notion to entertain, but you just KNOW that, even if the horse is a totally bombproof rock whose favorite activity is riding in a trailer, this will be the ONE time he manages to injure himself. Aftermath would be ungood for your neighbor.

                                      Comment


                                      • #20
                                        Maybe the boarder feels that a "rent-to-own" situation is not the same as "the house being sold" to a new owner. Maybe the boarder believes the actual owner gave hin/her permission to remain until your neighbor actually finishes paying for the house since it is on a "rent-to-own" agreement. Afterall, a rent-to-own situation is not exactly the same as a person actually transfering property to a new owner.

                                        Unless your neighbor needs all ten stalls for his/her own horses, I don't see why he/she doesn't just work out a board fee and use that money to help with the rent-to-own payments. Also, was the hay included in the rent-to-own deal? Maybe the property owner gave the boarder the impression she could have the hay? There is just not that much information about what the property owner told the boarder or your neighbor about the situation. Is the boarder staying there rent free in the barn or had the boarder had some kind of a prior agreement with the property owner, maybe he/ she performed services or did work on the place in exchange for the promise that the horse could use a stall in the barn?

                                        As far as taking some one else's horse out of a stall and transporting it to his/her home without his/her permission, I can see where that would not be a legal option. And as another poster wrote, I can see law suit happening for sure if something happens to the horse. Also, how would anyone here like for someone to take your house without permission and leave it in a trailer at your house?

                                        Not very much at all is my guess. I would say that we should treat others as we would wish to be treated, and threat other people's horses as we would wish ours to be treated.

                                        Instead of whining about the situation to a neighbor who then posts about it to a bunch of strangers on an internet board, I think the rent-to-own occupant needs to get in touch with the property owner in Florida, and ask him to deal with the boarder. If that doesn't work, then maybe he/she should learn to live with the boarder, hire an attorney to seek a legal solution or find another property to rent-to-own.

                                        Comment

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