What if the boarder doesn't have a written boarding contract? The answer is that at best, they have a verbal boarding contract (the terms of which will be very hard to prove). Aside from that, they can rely only on relevant case law to provide them with any legal recourse, such as if the boarding stable was negligent in caring for their horse (and the horse suffered injury or death as a result).
On occasion, boarders have spoken to various friends and relatives and come up with the idea that their state's landlord/tenant law applies. That's just flat wrong. Unless the boarder lives on the property, landlord/tenant law won't apply to a horse boarding dispute. In the four states where we practice, California, New York, Oregon and Washington, there are no laws governing horse boarding, other than animal cruelty statutes and local zoning regulations governing use of the property.
Generally, questions about horse boarders' legal rights fall into three categories: Terminating the boarding relationship, raising board prices and what the boarding stable is required to provide for boarders and their horses.
Boarding Contract Termination
A boarding stable's right to terminate the boarding contract is governed by what the contract says. If the boarding contract says nothing about termination or there is no contract at all, the boarding stable can give the boarder practically any form of termination notice. Unless the boarding contract specifies the boarding stable has to give the boarder advance notice prior to termination, the boarding stable can notify the boarder that it wants the boarder to leave immediately. Unless the boarding contract says termination notices must be in writing, the stable can give the boarder notice in any form it chooses, including verbally, as long as the boarder receives the notice.
Nothing else is relevant, including:
- How long the boarder has been at the facility (yes, even if it's been decades)
- Whether the boarder is current on their board payments (yes, even if they're paid up in advance - they can get a prorated refund)
- Whether the boarder wants to leave
- Whether it's practical for the boarder to move their horse by the termination date
- Whether there's another boarding stable that meets the boarder's personal standards of geographic location, price, care, etc.
- Whether the boarder is required to give the facility advance notice if the boarder terminates the boarding contract
- The boarding stable's reasons for terminating the contract. The boarding stable doesn't have to have a reason to terminate a boarding contract, and even if they do, they don't have to tell the boarder what it is.
- Whether the boarding stable has met the boarder's personal standards of horse care, etc. up until the point of termination
There's no rent control in horse boarding. Unless a boarding contract says otherwise, a boarding stable can raise its rates as much as it wants, as often as it wants, with as little advance warning as it wants. Much like terminating a boarding contract, nothing else is relevant, including:
- How long the boarding rates have been the same
- How recent the last rate increases were
- Whether the boarder is current on their board payments
- Whether the boarder can afford the increase
- Whether the boarding stable's amenities and level of care justify the increase
- The reasons (if any) that the boarding stable gives for the increase
Boarding Stable Standard of Care
Again, the standard of care for boarding stables is governed largely by what the boarding contract says. Otherwise, the boarding stable has to provide only the most basic level of care. For example, unless the boarding contract says otherwise:
- If a boarder's horse is bigger than average, or eats more than average, the boarding stable isn't legally obligated to feed him more, as long as he's not starving to death (literally). So, if a boarder thinks their horse needs more feed than he's getting, and the boarding stable wants to charge the boarder extra, they can. If the boarding stable doesn't want to increase the horse's feed, the boarder might have to buy their own feed. And the boarder should be prepared to store and feed the extras themselves.
- Similarly, the boarding stable can feed whatever type of hay and/or feed it chooses, as long as it's not unsafe. And "unsafe" means moldy, contaminated, or of a type not suitable for horses, such as silage. Hay that's merely stemmy or poor quality isn't sufficient cause for a negligence lawsuit as long as the horses aren't starving to death (literally).
- The boarding stable can use whatever type of bedding it wants, bed stalls at any depth it wants, and clean stalls as frequently/infrequently as it wants, as long as stall conditions are not "Call Animal Control" unsanitary. If the boarder wants different bedding, more bedding, and/or more frequent stall cleaning, the boarder will probably have to pay for it. Even if the boarder's horse is allergic to the current bedding, is on stall rest, etc.
- The facilities the boarding stable provides have to be reasonably safe for normal use. Just because a horse got hurt doesn't mean the boarding stable was negligent.
- The boarding stable can provide as few or as many amenities as it chooses. And the existing amenities don't have to be operational. The wash rack plumbing doesn't have to work, the outdoor arena can be too muddy to use nine months out of the year, and the indoor arena lights can be sketchy. If the boarder feels like they're paying for amenities they can't use, they should negotiate with the boarding stable, and if that doesn't work, consider leaving.
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2 comments:
As a stable owner, I'd like to add some perspective for boarders. I love what I do, but let's face it. Our horses are like our kids and have you ever met 2 parents with the exact same idea about what's best for kids? Horse people are already half crazy by definition...who would spend this kind of money on something that gives so little in return? ;-)
This is our home, like you, we have precious little time to ourselves, but when you need something or a horse has a colic or a transporter is coming, it doesn't matter if we're eating or watching a movie or ought to be sleeping...we are at your complete disposal. We are being paid precious little for that.
If only our own horses were here, everything would be untouched by anyone but our own family and invited guests. There would be no question where things were put, how they were handled, if they were broken or went home with someone. You know what feed and bedding costs, but do you know what the property taxes, utilities, water bill, upkeep and maintenance is for a place this size? Add the tools, tack and supplies that disappear and it becomes a sizable sum.
You want me to be here 24/7. That means we can NEVER be away on a true family vacation. Someone has to stay here all the time. We cannot seek higher paying work off premise.
You can choose to take your horse anywhere. We can only control what it is like here for your horse to a very small degree. We can only watch if you come ride in a foul mood or if you cannot afford to provide the level of medical or special care your horse needs. We watch as horses grow sad because their owner doesn't come out, loses interest or is poorly matched to their mount.
This is not a fair weather sport. We must feed, muck, repair, catch, blanket, break ice on troughs, etc. no matter how cold it is or how the wind is blowing sideways. You are in your living room, we are out in this stuff morning and night.
Just a few thoughts to give a look over the fence - it's a privilege and a blessing to be able to care for these fabulous creatures, but sometimes, honestly their owners can just drive ya nuts.
Just because you write a check every month doesn't mean you own them. Tell your stable owner thank you once in awhile. When they ask you how you are, ask them how THEY are and see if there is anything you can do to help. Be considerate, smile, treat others as you would like to be treated.
Thats a lovely sentiment, but you chose to be a barn owner so I myself do not sympathize for your lack of vacation time and after hours care. You ARE making money off of your boarders and you can certainly choose another profession if the hassles of this one are too much for you.
I am the person on the other side of the fence. I have been to 7 stables in as many years and about to be in my 8th. My horses have been starved, and beaten, and I have been cheated, bullied and harassed. I have paid out of my pocket a $1000 vet bill because of the negligence of a barn and will be paying for months for my horse to stand around in a stall for the next several months because of it.
Laws need to be made to protect the boarder and give them recourse, maybe then all these atrocities will stop, rather than give barn owners an open door for abuse.
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