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 7 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.