• Welcome to the Chronicle Forums.
    Please complete your profile. The forums and the rest of www.chronofhorse.com has single sign-in, so your log in information for one will automatically work for the other. Disclaimer: The opinions expressed here are the views of the individual and do not necessarily reflect the views and opinions of The Chronicle of the Horse.

Announcement

Collapse

Forum rules and no-advertising policy

As a participant on this forum, it is your responsibility to know and follow our rules. Please read this message in its entirety.

Board Rules

1. You’re responsible for what you say.
As outlined in Section 230 of the Communications Decency Act, The Chronicle of the Horse and its affiliates, as well Jelsoft Enterprises Ltd., the developers of vBulletin, are not legally responsible for statements made in the forums.

This is a public forum viewed by a wide spectrum of people, so please be mindful of what you say and who might be reading it—details of personal disputes are likely better handled privately. While posters are legally responsible for their statements, the moderators may in their discretion remove or edit posts that violate these rules. Users have the ability to modify or delete their own messages after posting, but administrators generally will not delete posts, threads or accounts upon request.

Outright inflammatory, vulgar, harassing, malicious or otherwise inappropriate statements and criminal charges unsubstantiated by a reputable news source or legal documentation will not be tolerated and will be dealt with at the discretion of the moderators.

2. Conversations in horse-related forums should be horse-related.
The forums are a wonderful source of information and support for members of the horse community. While it’s understandably tempting to share information or search for input on other topics upon which members might have a similar level of knowledge, members must maintain the focus on horses.

3. Keep conversations productive, on topic and civil.
Discussion and disagreement are inevitable and encouraged; personal insults, diatribes and sniping comments are unproductive and unacceptable. Whether a subject is light-hearted or serious, keep posts focused on the current topic and of general interest to other participants of that thread. Utilize the private message feature or personal email where appropriate to address side topics or personal issues not related to the topic at large.

4. No advertising in the discussion forums.
Posts in the discussion forums directly or indirectly advertising horses, jobs, items or services for sale or wanted will be removed at the discretion of the moderators. Use of the private messaging feature or email addresses obtained through users’ profiles for unsolicited advertising is not permitted.

Company representatives may participate in discussions and answer questions about their products or services, or suggest their products on recent threads if they fulfill the criteria of a query. False "testimonials" provided by company affiliates posing as general consumers are not appropriate, and self-promotion of sales, ad campaigns, etc. through the discussion forums is not allowed.

Paid advertising is available on our classifieds site and through the purchase of banner ads. The tightly monitored Giveaways forum permits free listings of genuinely free horses and items available or wanted (on a limited basis). Items offered for trade are not allowed.

Advertising Policy Specifics
When in doubt of whether something you want to post constitutes advertising, please contact a moderator privately in advance for further clarification. Refer to the following points for general guidelines:

Horses – Only general discussion about the buying, leasing, selling and pricing of horses is permitted. If the post contains, or links to, the type of specific information typically found in a sales or wanted ad, and it’s related to a horse for sale, regardless of who’s selling it, it doesn’t belong in the discussion forums.

Stallions – Board members may ask for suggestions on breeding stallion recommendations. Stallion owners may reply to such queries by suggesting their own stallions, only if their horse fits the specific criteria of the original poster. Excessive promotion of a stallion by its owner or related parties is not permitted and will be addressed at the discretion of the moderators.

Services – Members may use the forums to ask for general recommendations of trainers, barns, shippers, farriers, etc., and other members may answer those requests by suggesting themselves or their company, if their services fulfill the specific criteria of the original post. Members may not solicit other members for business if it is not in response to a direct, genuine query.

Products – While members may ask for general opinions and suggestions on equipment, trailers, trucks, etc., they may not list the specific attributes for which they are in the market, as such posts serve as wanted ads.

Event Announcements – Members may post one notification of an upcoming event that may be of interest to fellow members, if the original poster does not benefit financially from the event. Such threads may not be “bumped” excessively. Premium members may post their own notices in the Event Announcements forum.

Charities/Rescues – Announcements for charitable or fundraising events can only be made for 501(c)(3) tax-exempt organizations. Special exceptions may be made, at the moderators’ discretion and direction, for board-related events or fundraising activities in extraordinary circumstances.

Occasional posts regarding horses available for adoption through IRS-registered horse rescue or placement programs are permitted in the appropriate forums, but these threads may be limited at the discretion of the moderators. Individuals may not advertise or make announcements for horses in need of rescue, placement or adoption unless the horse is available through a recognized rescue or placement agency or government-run entity or the thread fits the criteria for and is located in the Giveaways forum.

5. Do not post copyrighted photographs unless you have purchased that photo and have permission to do so.

6. Respect other members.
As members are often passionate about their beliefs and intentions can easily be misinterpreted in this type of environment, try to explore or resolve the inevitable disagreements that arise in the course of threads calmly and rationally.

If you see a post that you feel violates the rules of the board, please click the “alert” button (exclamation point inside of a triangle) in the bottom left corner of the post, which will alert ONLY the moderators to the post in question. They will then take whatever action, or no action, as deemed appropriate for the situation at their discretion. Do not air grievances regarding other posters or the moderators in the discussion forums.

Please be advised that adding another user to your “Ignore” list via your User Control Panel can be a useful tactic, which blocks posts and private messages by members whose commentary you’d rather avoid reading.

7. We have the right to reproduce statements made in the forums.
The Chronicle of the Horse may copy, quote, link to or otherwise reproduce posts, or portions of posts, in print or online for advertising or editorial purposes, if attributed to their original authors, and by posting in this forum, you hereby grant to The Chronicle of the Horse a perpetual, non-exclusive license under copyright and other rights, to do so.

8. We reserve the right to enforce and amend the rules.
The moderators may delete, edit, move or close any post or thread at any time, or refrain from doing any of the foregoing, in their discretion, and may suspend or revoke a user’s membership privileges at any time to maintain adherence to the rules and the general spirit of the forum. These rules may be amended at any time to address the current needs of the board.

Please see our full Terms of Service and Privacy Policy for more information.

Thanks for being a part of the COTH forums!

(Revised 1/26/16)
See more
See less

Lessees leaving my TN farm , behind 2 months on rent / bouncing checks - what to do?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Lessees leaving my TN farm , behind 2 months on rent / bouncing checks - what to do?

    Well this serves me right - I have always told my children and grandchildren that, "if something seems to good to be true, it probably is not true" and I ignored my own advice. Last spring, when we decided to sell our gorgeous horse farm and return to FL for family reasons, I let a woman talk me into doing a lease/option on the place. She gushed about how much she and her husband loved the place, that it was exactly what they wanted and the location they needed to be in and offered to pay OVER ASKING PRICE (the first red flag that I stupidly ignored). We signed a lease/option with them and things have gone downhill ever since. Don't want to bore you all with the details but suffice it to say, they are leaving at the end of this month, have not paid the last two months rent (bounced checks) and we have learned that they are bouncing checks all over the place (even owe our neighbor hay farmer for hay rolls). I finally got smart enough to "google" their names and found a mug shot for him (leaving the scene of an accident and no auto insurance last August) and discovered that she is purchasing horses including a stallion (Gypsy Vanners) from CA while not paying her basic bills! I am heading back up to TN this week to confront them and see the condition of my property and I'm just sick about all this. So mostly venting but also need to know what I can do to pursue collecting the money they owe me (4K). Any advice from those who know TN laws would be very much appreciated.

  • #2
    Dont know about the laws but id make sure you have protection when you first arrive. In my state you hire sheriffs to evict tenants. ( you also to do other legal things and give them a certain amount of time). But please bring law enforcement with you for your own protection.

    Comment


    • #3
      ummm would they be over around the Basin?

      tamara
      Production Acres,Pro A Welsh Cobs
      I am one of the last 210,000 remaining full time farmers in America.We feed the others.

      Comment


      • #4
        Get a lawyer. You can go thru a court process and get a judgement - whether you ever see a nickel is another story; depends on their assets. (this presumes that you have documentation of the agreement, the terms, what has been received and what bounced...)
        Edited to add:
        Are they leaving voluntarily or are you planning to evict them? If the latter, there is likely some formal process in Tennessee that must be followed in an eviction.
        We don't get less brave; we get a bigger sense of self-preservation........

        Comment


        • #5
          You need a TN lawyer, and usually it's very difficult for you to collect money they don't have, even if it's owed to you. The best you may be able to do is to get rid of them. Good luck!
          It's 2017. Do you know where your old horse is?

          www.streamhorsetv.com -- website with horse show livestream listings and links.

          Comment


          • #6
            Originally posted by cdalt View Post
            I am heading back up to TN this week to confront them and see the condition of my property and I'm just sick about all this. So mostly venting but also need to know what I can do to pursue collecting the money they owe me (4K). Any advice from those who know TN laws would be very much appreciated.
            if this is who and where I think it is, you should look up John Ingleson below (please give him my best regards) and he can tell you what to do next...I'd see him first if possible he is in Murfreesboro...he needs to get you "on the paper" asap with as little warning to them as possible...
            http://www.rutherfordchamber.org/Att...ey-at-Law-2090

            Tamara
            Production Acres,Pro A Welsh Cobs
            I am one of the last 210,000 remaining full time farmers in America.We feed the others.

            Comment


            • #7
              Title companies and/or realtors can suggest real estate attorneys..... I agree, get the police involved for reporting condition and to re- enter your property

              Comment


              • #8
                Good luck and keep us posted! I hope you will not also find dead or dying horses...and agree you need legal/law enforcement advice and assistance.
                Last edited by sdlbredfan; Mar. 17, 2013, 12:25 AM. Reason: typo
                Jeanie
                RIP Sasha, best dog ever, pictured shortly before she died, Death either by euthanasia or natural causes is only the end of the animal inhabiting its body; I believe the spirit lives on.

                Comment


                • #9
                  For 4K, you can likely take them to small claims court and get a judgement. That doesn't mean you'll ever see the money, though. Can't get blood from a stone.
                  Flickr

                  Comment


                  • #10
                    I will imagine that your place will be a mess..Sorry, but this happened to me . They left owing us 12k. Got into small claims here,but never saw a dime..she went to N.Va and did the same thing. Finally went back to Germany,so none of us will ever see anything..

                    Comment


                    • #11
                      Yes, be prepared for the worst when you go back. You may have to make major repairs, dispose of trash and abandoned vehicles and broken equiment, handle the abandoned livestock and pets and of course any deadstock.

                      Sincerely hope not, of course.

                      You also need to contact legal representation in TN, RE lawyer with eviction experience, and follow their advice to protect your rights. If Tamara's reference is correct for you by all means use it. Good luck!
                      Courageous Weenie Eventer Wannabe
                      Incredible Invisible

                      Comment


                      • #12
                        Bounced checks are a different story than just overdue rent, however. Contact the local police department to see what the procedures are for prosecuting. Bet they find the money vs going to jail.

                        Comment


                        • #13
                          Whose name are the utilities in?

                          I have this feeling that they may still be in the OP's name.... turn off all water and power

                          Comment


                          • #14
                            I am so sorry - we went through the same thing last year. We have an attorney, but we really didn't get anywhere with it. I agree, you'll probably do better pursuing the bad checks than the unpaid rent. Our house had to be gutted to the sub-floor. I hope yours is not as bad. I'm outside Knoxville, if there is anything at all I can do to help, I'd be happy to do it.

                            Comment


                            • #15
                              Welcome to the "I had the tenants from hell" club. Sorry you are going thru this. When you go bring a camera and document EVERYTHING. house inside and out, cars, trailers ( license plates!) barn-everything....and bring the cops if they will come. (Or...several large men who can look intimidating on cue.) Are you still on good terms with your neighbors? would one of them go in with you? Do not go alone. Good luck...
                              the NOT!! Spoiled!! Arabian Protectavest poster pony lives on in my heart

                              Comment


                              • #16
                                What to do?
                                Pray when they leave they do not take anything.
                                Pray when they leave they never come back to take anything.
                                Always have a witness or two with you at all times. Video record everything, and every interaction.

                                Sorry you have to deal with this.

                                Yes, you can do small claims.

                                Comment


                                • #17
                                  Originally posted by clanter View Post
                                  Whose name are the utilities in?

                                  I have this feeling that they may still be in the OP's name.... turn off all water and power
                                  That might not be legal.

                                  OP, you checked their references and credit report before renting, right? And especially because these people supposedly also were going to have the ability to actually buy your place?

                                  No judgment, just curiosity. I do hope you can end this deal with the least damage.
                                  The armchair saddler
                                  Politically Pro-Cat

                                  Comment


                                  • #18
                                    I would be more concerned about protecting my property than collecting the $4K. Honestly, these people sound like career crooks, so I would be concerned that every appliance would be stripped from the house. I would be VERY concerned about the condition of my property. Also, I would be around for move-out because you don't want them leaving things behind.....as in, I once had tenants who left me with 2 dogs, 2 broken trucks and a house that was a complete mess.

                                    I would talk with a lawyer about what you need to do. Then you'll need to change all the locks after they are gone. My bet is you'll need clean up services as their leaving it clean is unlikely given the scenario. It's going to be lots of work, but get it into shape to sell. Get a realtor to list it. You might be able to get a short-term tenant who will keep an eye on things while it is on the market.

                                    I think you can kiss the $4K goodbye. These folks will disappear elsewhere and be impossible to serve to small claims court. Even if you get them to courts, as others have said, winning does not mean you get paid. I suspect they are experts at evading bills.
                                    Where Fjeral Norwegian Fjords Rule
                                    http://www.ironwood-farm.com

                                    Comment


                                    • #19
                                      The second they leave get the locks changed on the house and everything else. And as others have said, photo and video document everything. Make sure all window latches are operating and closed securely, so they can't sneak back in to trash the place. Call the attorney Tamara suggested, and if they can't handle your case, then they'll probably do a referral. If the house is full of junk, there are junk removal services (like the Hoarders shows have-1-800-Got-Junk or something like that is the company name) that supply trucks and workers for haul away. When you get eviction papers take the cops, the locksmith, the cameras, and prepare for the worst imaginable trashing. That way if it's not so back, then you'll be okay. If there are any areas like tack rooms or feed rooms change the locks, or install them.


                                      Don't feel as if you were at fault. People like this are professionals at getting people to trust them, and are master manipulators. I wouldn't be surprised to find out their entire lives have been lived by ripping off others, and they won't stop now either. I bet they already have their next scheme planned out.
                                      You can't fix stupid-Ron White

                                      Comment


                                      • #20
                                        You need to hire an attorney NOW. As has been pointed out, there are some specific procedures for evictions. I've had 2 friends in similar situations - one con artist bounced as quickly as possible at the mere threat of eviction proceedings...she had so many people after her it wasn't funny. My friend never got any back rent and it was going to cost her more to go after the person than what was owed. The other situation comes to mind as I envision you showing up to your farm and the tenant giving you part of the money in an alleged good faith gesture....don't take it.

                                        For example, in NC at one point - not sure if it's still the same now - but if John Doe owed you any monies in rent and you accepted even a portion of those monies, the clock started over in John Doe's favor, so to speak. It would have opened the door for John Doe to stay longer (whether paying rent or not) while taking you longer to get him out. We watched this happen to a friend of ours and it got SUPER nasty. Our friend was a fixture in the pony world from way back - owned a nice training facility that was basically empty. She leased out a portion of the facility to Trainer X. He paid for a while, then just quit. New horses would show up; new BMW, trucks, trailers...but never any rent money on the facilities. Our friend was quite old and rather feisty but she didn't understand how the law worked regarding eviction - she just really wanted the rent money that was rightly hers. She tried to get another set of renters in the other end of the facility while evicting Trainer X. Chaos ensued. Trainer X called our friend's semi-estranged daughter in FL filling her head up with all sorts of misinformation about her mother going senile and forgetting he had paid the months worth of rent - daughter moved back up here not taking the time to find out what was going on; she assaults someone, siding with Trainer X until it was obvious he wasn't on the up and up...in the end the sheriff came out while new tenants left to make sure things didn't get out of hand; came back again weeks later with numerous deputies to oversee the delinquent tenant's departure and maintain some semblance of peace. In the middle of all this, bad checks, dead ponies, creditors and all other sorts of nonsense started popping up. FWIW - Trainer X still does business around here...horse world is so unbelievable. Seems like these types of folks are so difficult so weed out but that's another thread (JB nonsense for example)...

                                        Point is - don't necessarily expect the worst, but BE PREPARED - get a lawyer; don't accept a dime from them if you want them gone ASAP; don't turn off power/water (depending on laws of TN you could get into trouble over that); have law enforcement accompany you to property unless your attorney says otherwise; take photos/document EVERYTHING in case you do have an opportunity to mitigate your damages w/a lawsuit. Best of luck to you!

                                        Comment

                                        Working...
                                        X