A horse eviction requires an owner to remove his horse from the barn or stable.
There are several situations in which a property owner might need to start horse eviction proceedings. If the horse causes damage to the property, for example, or if the horse's owner does not pay for the animal's upkeep, an eviction may be the only recourse. A horse eviction is similar to any landlord-tenant relationship, and is governed by state law.
Function
Horse eviction is used to remove an animal from a piece of property, be it a paddock, pasture or barn. It is usually based on a boarding agreement or contract that specifies the amount of money the horse owner must pay for feed, shelter and other amenities, as well as the consequences of failing to honor that contract. Some states provide specific laws regarding horse eviction, while in others, the process is based upon the agreement between the two parties.
Types
The requirements of horse eviction depend on the reason for the notice to vacate, according to Query Horse. In the case of nonpayment of boarding fees, the contract or state law might require the property owner to give a certain amount of notice (e.g., 30 days). If, on the other hand, the horse presents a danger to himself, other horses or people, the notice to vacate might be immediate, or within a shorter time span. Horse eviction might also be given by a city or municipality if horses are kept on property not zoned for that purpose.
Effects
There are consequences to horse eviction with which both parties should be familiar. Just like in a human tenant eviction, the act of leaving does not necessarily absolve the horse owner of the obligation to pay for services rendered. For example, if the horse owner failed to pay board in the month of May and was therefore evicted in June, he will still owe board for May after leaving. Other expenses, such as late fees, will also be the responsibility of the horse owner.
Remedies
In the event of horse eviction, the property owner or landlord may take advantage of any remedies available to her under the law. In the case of an abandoned horse, according to Equine Legal Solutions, it is necessary to let the courts decide how the case should be handled. The landlord can sue the horse owner for breach of contract, obtain an eviction order and perhaps recoup money lost.
Warning
Although horse eviction is a legal remedy under the law, property owners must follow the law. Different states handle evictions in different ways; in some states, for example, it is legal for the property owner to sell an abandoned horse or abandoned property to offset costs incurred. However, it is never a good idea to take this recourse unless an attorney or court has advised you to do so.
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