Friend Drops off
Horses "For the Weekend," Horses Still Here Six
Months Later
Q: A friend of mine lost his job and asked me if he
could keep his horses at my place "for the weekend"
while he found a new boarding facility. I wanted to
help him out, so I agreed. It was just for the
weekend and I wasn't going to charge him, so I
didn't ask him to sign anything. Now, six months
later, his horses are still here, and every time I
ask him when he's moving them, he makes excuses.
Other than buying some hay now and then, he hasn't
helped with the horse care at all. How can I get
him to move his horses?! If he doesn't move the
horses, can I give them away?
A: Wow, talk about taking advantage of a nice
friend! First of all, you have to make the
situation less appealing for this (presumably
former) friend. Right now, his horses are well
taken care of by a person he trusts, and all he has
to do is show up with hay "now and then."
As
soon as possible, send him written notice that his
free ride is over. Here's what the notice should
include:
-
A deadline by which
he must remove his horses and all his belongings
(should be a week or less).
-
A notation that if
the horses and belongings are not off of your
property by the deadline, he will owe you board
in the amount of $X per day, per horse, plus
interest for all amounts 15 days or more past
due. To make staying at your place even less
attractive, make sure that X is at least equal
to the highest board in your area. Make the
interest rate the highest your state's usury law
will permit (to find out, Google "usury rate for
[YOUR STATE]).
Make sure to send the notice via a method that
provides proof of delivery, such as Federal
Express. In my experience, certified and registered
mail aren't effective, because most deadbeats know
no good news ever shows up that way, so they won't
sign for the notice. By the time the certified or
registered mail letter is returned to you unclaimed,
you've provided free board for several more weeks!
While state laws may differ, horses in situations
like this generally aren't considered "abandoned,"
simply because you know who owns the horses and they
are on private property. Therefore, law
enforcement and animal control generally can't help
you.
Although your state may provide you with a statutory
lien on the horses for unpaid board and care, you
will probably have to get a court order to be able
to get rid of the horses. If you sell or give away
the horses without following the steps required by
your state lien law, the horse owner can sue you for
what is called "conversion," (basically the civil
form of theft). To find out what your legal options
are, consult an attorney in your state who is
experienced in foreclosing on livestock liens.
Equine Legal Solutions' website offers a
state-by-state directory of equine attorneys.
