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Dealing with the border from He!!-update and ? post 98

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  • Dealing with the border from He!!-update and ? post 98

    I have a situation with a boarder. She has been boarding at my farm since Oct. When she and her buddy moved in, she assured me they were "not the barn b!tches". Clue number one, eh?

    She has always been very demanding and I have always accommodated her the best I could. Clue number two? Come to find out from my farrier, she used to have her own place and boarded herself. Ergo the pickiness.

    She gave me her 30 day notice via a very rude text roughly 10 days ago, which I responded to very professionally. Through all her recent tantrums and outbursts, and at all times in the past, I have ALWAYS been polite and professional towards her, in spite of her attitude. I think this actually irritates her further.

    Since she have me her notice, she has been...more difficult than usual. Imagining things wrong with her horse, something new every few days. She has also been slandering me to other boarders. One for my loyal boarders heard about it and came to my DH (I was at a show for the day) and told him that she is insulting my facility, my skills and experience level, saying I am a clueless idiot, I charge too much, etc... Just being a trouble rouser.

    In my boarding contract, it states that the barn closes at 9. She texted me last night about 9:45 saying that she was on her way out to wrap her horses legs. I said ok, but in the future the barn closes at 9pm. Her response was "whatever...my horse is more important than your needs." I beg your pardon? So DH went out there to tell her to leave since it was not an emergency and we don't like people on the property that late, especially a pissed off person. She proceeded to use foul and abusive language to DH, including calling him a "d!ick head" (I'm sorry, are you an adult or a 4th grader??), using the F word, and being a combative crazy person. And she told my DH that she needed to be out there to wrap her horses legs because "your wife is incompetent" and somehow it is my fault that her horse has been stocked up for a few days. (I'm sure it must be my fault that she has stocked up since the owner has specified that her horse should stay in the stall until the "swelling" goes down. ) DH told her if she was going to act that way that she needed to leave immediately. She left for the night but I dread more run ins like this. DH informed her that he would call the police and have her arrested for trespassing if she came out after 9pm again.

    My question is that since she broke her contract, is there a way to evict her ASAP? How would I go about forcing her out since she apparently plans to stay and make life miserable for all until she leaves?
    Last edited by concernedBO; Mar. 17, 2013, 08:01 PM.

  • #2
    The best way is probably to say: Since I can't make you happy, let me refund your board for the rest of the month and you can move right away.

    If that doesn't work, I don't know that there's an easy answer.

    Comment


    • #3
      Originally posted by LauraKY View Post
      The best way is probably to say: Since I can't make you happy, let me refund your board for the rest of the month and you can move right away.

      If that doesn't work, I don't know that there's an easy answer.
      I agree with this, except instead of saying "you can move right away" I would say "you have 48 hours to move".

      I do think you need to refund her money for the remainder of the month.

      Take the high road, and let her (and everyone else watching this play out) know that you will not tolerate bad behavior.
      https://www.facebook.com/SugarMapleFarm
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      • #4
        What does your boarding contract say? Did you include anything about you asking them to leave immediately?

        I like the idea of offering her board back and sending her on her way.

        Comment


        • #5
          Agree - just waive the notice and refund her money. That is probably what she wants anyway and is trying to provoke you into kicking her out and giving her a refund.

          Comment


          • #6
            In the future I would put a clause in the boarding contract about immediate departure of animal and all supplies at the barn owner's discretion. That way you could boot people like this quickly. Plus, a clause about a charge per day if they stay after the removal deadline has passed, and make it a big charge too.

            I agree with SMF11, and think it would be great if she left asap, and if it means a refund, then that would be worth it to me. It's sad that some people make so many others happy when they leave, isn't it?
            You can't fix stupid-Ron White

            Comment


            • #7
              While you are at it...

              Tell her to get her tack out of the tack room immediately, and lock your tack room. I had a boarder like that one time, and she ripped us off at the last minute..she took other boarders' bridles, etc., and there was no way to prove it.

              Comment

              • Original Poster

                #8
                My contract says that she has to give me 30 days, and if I evict anyone, I have to give them 30 days. But since she broke a barn rule (I'm normally not this anal, but if it is a viable loophole...), would that nullify the contract? If I did refund the board, and told her she has 48 hrs to get out, how do I make sure she does actually leave in 48 hrs?

                Comment


                • #9
                  Originally posted by concernedBO View Post
                  My contract says that she has to give me 30 days, and if I evict anyone, I have to give them 30 days. But since she broke a barn rule (I'm normally not this anal, but if it is a viable loophole...), would that nullify the contract? If I did refund the board, and told her she has 48 hrs to get out, how do I make sure she does actually leave in 48 hrs?
                  By arranging a time when you will escort her off the premises to make sure she hasn't "helped herself" to other people's stuff. After that point she is trespassing and you can have the POLICE escort her off. Just make sure she has her refund and there's nothing she can do about it.

                  These asshats are why you need a "contract may be terminated at any time, with notice, by BO for cause" line in your boarding contract.

                  YOU have the right to determine who comes on your place, and if their conduct is unacceptable you have the right to refuse them access. Too many people forget that horse boarding is not subject to the laws concerning renting of real estate.

                  Comment


                  • #10
                    The best way is probably to say: Since I can't make you happy, let me refund your board for the rest of the month and you can move right away.
                    I have done this when I want someone out . Waive the 30 day provided they leave asap and refund pro rata as soon as they leave. It gives them an incentive to go.

                    Comment


                    • #11
                      I hope she does not find a loophole to say YOU broke the contract somehow. I would be surprised if she tried that too.

                      Comment


                      • #12
                        I don't know about the legalities concerning the notice, but I agree to ask her to leave ASAP and tell her you will refund the difference in board.

                        Ditto on locking everything up. I have also had bad boarders steal everything that wasn't locked up.

                        Good for DH. The next time I would go out armed with extra people and a camcorder. Someone used to bullying to get her way will probably get worse instead of better. Best to have witnesses and evidence.

                        Call the police the day she leaves so they are also present when she leaves the property. If she tries anything or comes back, you have evidence and something on record with the police.
                        http://thepitchforkchronicles.com

                        Comment


                        • #13
                          I wouldn't worry so much about the legalities of the contract (says this former lawyer). In order to enforce the contract she'd have to go to court, not something that is likely, or that will happen very quickly.

                          (And even saying she does go to court, what would her damages be? You've refunded her money, so she's not out a penny. Therefore I doubt she'd win)

                          So -- the risk to you of "breaking the contract" is minimal.
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                          Comment


                          • #14
                            OP, I think you need to follow the terms of your contract.

                            It would be great to offer her the option of leaving ASAP with the rest of the month's board refunded.

                            Originally posted by Lady Eboshi View Post
                            These asshats are why you need a "contract may be terminated at any time, with notice, by BO for cause" line in your boarding contract.

                            YOU have the right to determine who comes on your place, and if their conduct is unacceptable you have the right to refuse them access. Too many people forget that horse boarding is not subject to the laws concerning renting of real estate.
                            Well, if the OP does this, she'd lose good boarders like me. Since I play by the rules-- giving 30 days' notice, I can't usually move a horse faster than that. I'm smart enough to not put myself in the position of being evicted in very short notice without recourse because, hey, the BO has carte blanche.

                            OP, it may not matter if you kick out this BO because she broke a large or small part of your contract. But I don't think that finding her in violation of that "out by 9 pm" rule once is strong enough.

                            I think DH did right. The right thing to do is keep an eye on her, continue to give the horse the same standard of care and hang on for the next two weeks if your offer of refunded board isn't accepted.
                            The armchair saddler
                            Politically Pro-Cat

                            Comment


                            • #15
                              The woman gave you 30 days notice, as you requested.

                              She may be looking for something to be wrong, but to play devil's advocate, how many threads have there been on this board about BOs playing games after notice was given? I would guess the number is probably in the 100s. She is probably afraid you're going to stop feeding her horse, and let's face it, it's happened before. If she were that thrilled with your horsekeeping to begin with, she wouldn't be leaving.

                              You want to throw her out for being there after 9:00 once? She may not be a peach, but that doesn't make you much of one either. If you pull that, than she does have a valid reason for trashing your reputation.
                              Visit my Spoonflower shop

                              Comment


                              • #16
                                Why not give her a call and tell her that you are sorry there was a confrontation last night (not that you're taking her side, but it's a professional thing to do) but since the two of you obviously aren't going to see eye to eye, if she is willing to move herself and her horse off your farm the the next five days, you'll forget the contract and refund her board for March.

                                Either she'll make it happen, or she won't. But at least you gave her an expedient way out of your barn and your life.

                                Comment


                                • #17
                                  Originally posted by c'est moi View Post
                                  Why not give her a call and tell her that you are sorry there was a confrontation last night (not that you're taking her side, but it's a professional thing to do) but since the two of you obviously aren't going to see eye to eye, if she is willing to move herself and her horse off your farm the the next five days, you'll forget the contract and refund her board for March.
                                  I can see refunding the balance of 'unused' board. But not all of the board. The BO should still get paid for the service she's provided.

                                  Comment


                                  • #18
                                    I'd be afraid of vandalism, theft, or being sued - she may be vindictive.
                                    Be very alert as she hauls her horse out, or does a midnight bunk.
                                    Proud member of People Who Hate to Kill Wildlife clique

                                    Comment


                                    • #19
                                      If you REALLY want someone gone, refund the full month.

                                      Comment


                                      • #20
                                        Please don't tell me you're in Virginia? because if so, I so know this boarder. (ok..that was no help to you at all...sorry....back to the original programming)
                                        ayrabz
                                        "Indecision may or may not be my problem"
                                        --Jimmy Buffett

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