Horse boarding–getting my $$ back when I prepaid?
I have a situation and wondered if anyone with legal knowledge could shed some light on it: I’ve been boarding my horse and prepaid 3 months in advance (through March). Since that time my horse got Strangles from and outbreak at the ranch–brought on by the fact that they are always bringing in track rescues and not vaccinating them and they have 20-30 horses together in a pasture and nose touching pretty much available everywhere…anyway, now because of their mud situation they are housing horses in the round pen and arenas so I can’t use them most of the time, and they have a bunch of horses with rain rot and I’m afraid my horse will get it. They’ve also moved him to a much smaller paddock b/c of the mud. My contract requires 30-day notice, and I can’t find anything about obligation for standard of care on their part (I know, I was dumb to sign it). Does a health/safety risk give me ground to ask for my money back and move now with only a few days notice?
to clarify: this place was fine when I moved in or I would not have gone there. It’s recently gone down hill and I gave them some time to recover and fix things up, but I’ve found a much safer, nicer place for less money and things are still bad at the original place.
Tagged with: arenas • few days • health safety • horses • legal knowledge • money • mud situation • obligation • original place • outbreak • paddock • pasture • rain rot • safety risk
Filed under: Pre-Paid Legal
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You can ask…but they don’t "have" to give it to you, and you’ll spend more than your board on an attorney to fight them.
I learned the hard way that sometimes you can be 100% right and still not come out ahead.
This is the way I would do it.
I would take pictures of the present conditions and get your vet bills for the Strangles together. I would make an appointment to speak with the owner or manager…whoever can authorize a refund.
I would first try polite…"The facility has changed, I have several concerns regarding the mud, the health of horses my horse will be exposed to, and my abilitiy to use certain facilities. What are your plans to address this?"
If they argue or seem to be uncooperative, then lay out your pictures. "This is simply not acceptable to me. It is a substantial change in the conditions and ammenities that were present when we signed the contract. It is a reasonable consideration that those ammenities and conditions were not subject to change without renegotiation of our contract. So, I’m asking you to please waive the traditional notice period and refund my balance, and I’ll just move my horse."
IF they refuse that, then say, "I’m really sorry to hear that, I was hoping we could handle this in a civil manner. It is only fair to tell you that I will be reporting these conditions to the county animal control officials and I am prepared to retain an attorney."
You should have transport ready, as I certainly would not leave the horse there after making assertions like this.
I would move no matter what, and then worry about getting your money back. I’m not sure of your state, but there are animal welfare laws and those would definitely come into play in asking for your money back, especially if you involve other boarders.
Good question….
I’d get your horse out of there asap…and the hook is when did you become aware of the problem with health issues at this place….Were you aware of health issues, or common health problems associated with rescues when you moved your horse in there?? An attorney would want to know why you did not confront them when you first heard or observed a lax standard of care…
I’d cut my losses and get the heck outta there!!!!! Do what it takes and then, if your like, (remember the first half hour is free), contact an attorney for some quick advice…good luck to you…sorry for a bad experience for you.
Find another place as soon as possible to protect your horse. first of all.
You can take the boarding place to small claims court which requires no attorney only a small fee. Before you leave take pictures and more pictures. Show in these pictures the state of the boarding facility. Your horse. Other sick horses. And a copy of your lease. If you can, have a vet out and have him make and sign a document of how your horse is in danger of getting a very contagious illness.
Best case is that you will win get your money back and court fees.
Worst caseis it will cost you very little money, but you will have a healthy horse and possible find a better boarding facility. Good luck,
It’s hard to say without knowing the exact content of the contract. If they require 30-day notice, surely you can move your horse now but still pay for the one last month? It might be worth it if it means you’ll get more than one month’s board back.
Still, as a boarder you had a reasonable expectation of proper care and conditions for your horse, and that all by itself should give you some leverage. The thing is, if you were to do this "the right way", it would require an attorney, and you need to decide if getting your money back is worth paying attorney’s fees. The attorneys I work with charge $250/hour; the younger attorneys are $150/hour.
What is referred to in the legal field as a "strongly worded letter" to the barn owner, which would be written by an attorney, might be enough to get them pay up. Then again, they might fight it and it could result in a court appearance (which obviously is going to mean a lot more in attorney’s fees.)
If I were you, I’d have a consultation with an attorney about this. Don’t retain anyone until you have their opinion on what this would entail…just have a meeting with one to feel the situation out, and then go from there. A conscionable attorney (and there are plenty out there…I swear!) will give you an honest opinion of what they think this might entail (although legally they cannot say something like "Oh, this should only take a week, and you’re sure to win!", etc.) Good luck to you!
EDIT: If you want to pay an attorney to JUST write a "strongly worded letter", that would be quite reasonable price-wise. If the letter didn’t work and a small claims appearance was required but you didn’t want to pay the attorney for it, you can always discharge them at any time. You can also go to small claims yourself, but businesses like barns are likely to be in contact with SOME kind of attorney, and the court is sometimes known to favor the side that shows up with an attorney. NOT ALL THE TIME but it does happen.
I would first have a vet look at your horse so you don’t take anything to the next stable. they may give you half your money back.
I run a boarding facility, and so just make sure that the conditions are as bad as you think first. Don’t ruin the name of a facility unless it is warranted and if so definitely report them! Also have you tried to just talk to them? Let them know your concerns, if they are approachable. (Trust me I am not defending any actions on the part of the boarding facility! They should know better!)
Having said that, I know a lot of people who do board and if there is a run in with the owners they will take it out on the horses (can’t believe that some do this when they are supposed to be in this for the love of the horse! makes me sick!). Move them first, then worry about the money. Sounds like it is just one month that you are talking about at this point. The health and safety of your horses is way more important than the money! If you end up staying and then encounter vet bills, they could easily add up to more than the 1 month board that you are loosing!