What are my rights regarding the breach of a boarding contract?
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What are my rights regarding the breach of a boarding contract?
I have a contract signed by the owner for boarding his horses at our farm.The contract does say that he understands board must be paid monthly. It states, “I hereby grant a lien to the stable owner for all unpaid fees”. Can I call this owner and tell him his 4 horses need to be gone by the end of the month or I will give them away?
Asked on February 20, 2013 under Business Law, Arkansas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Do not sell his horses or even threaten that. Not at this juncture anyway. How your contract is written matters here and unfortunately this type of forum is a disadvantage since one can not read the document in full. If there is a breach of the contract - the fees not paid - then I would send the owner notice of the breach and point out that potion of the contract that states there is a lien for the fees. If the situation continues then I would seek court intervention and obtain a formal judgement and if the court will allow, ask to sell the property (the horses) for the fees. Remember that anything over and above that which is owed is the owner. If you sell them with out court approval you could be held to a suit for conversion. Good luck.
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