Need help evicting horse tenant/Refuse entry to spouse?

[Horsehelpneeded]

Leesburg, VA. A woman rented the horse horse facility at our residence on 11/20/2006. She has paid me no rent to date. I served the 5-day pay or quit on 1/6/2007. On 1/6/2007, I also provided notice that her lease would terminate and not be renewed effective 2/19/2007. She claims to be ill, and her husband has been caring for the horses for the past two months. The husband is not on the lease. May I refuse him entry? Particularly after 2/19/2007? I filed for eviction, and our court date is 3/5/2007. I am having difficulty serving her. Her home address is NOT on the lease, and as she has not been here in 2 months, we cannot serve her at the business. The husband comes daily; however, we can only serve the husband or mother at her home address. I located them yesterday (I actually saw them) leaving an apartment in a neighboring city (I found this address on-line leased to another person with same last name). I filled out an alias form with court to change the service address. I also reported her to Animal Control because the husband has been poorly caring for the horses. My plan is to refuse entry to the husband, thereby forcing her to come here (where we can still try to serve her). I suspect that she will not come. After 5 days, Animal Control considers them abandoned and will confiscate them.What is the name of your state?

 

[danno6925]

May I refuse him entry?

Depends on what your lease says regarding allowing those who are not lessees onto your property. Remember that if the horses suffer as a result of your actions you would likely be liable.

Particularly after 2/19/2007?

Contact an attorney about whether or not you can keep the horses as personal property in lieu or rents owed. In some states, this is not possible.

As far as serving her goes, get creative. Have someone she doesn't know serve her. She has to be living somewhere.

 

[BelizeBreeze]

Leesburg, VA. A woman rented the horse horse facility at our residence on 11/20/2006. She has paid me no rent to date. I served the 5-day pay or quit on 1/6/2007. On 1/6/2007, I also provided notice that her lease would terminate and not be renewed effective 2/19/2007. She claims to be ill, and her husband has been caring for the horses for the past two months. The husband is not on the lease. May I refuse him entry? Particularly after 2/19/2007?

If you are looking for permission, you won't find it here. If you are asking can you legally stop him from caring for the horses, the answer is most likely you will face a constructive eviction lawsuit if you do. The husband, acting as an agent of the wife, has the same rights of access as if she were acting on her own behalf and to deny him access not only causes you legal problems before the court hearing, but also can result in you facing charges by the SPCA.

I filed for eviction, and our court date is 3/5/2007. I am having difficulty serving her. Her home address is NOT on the lease, and as she has not been here in 2 months, we cannot serve her at the business. The husband comes daily; however, we can only serve the husband or mother at her home address. I located them yesterday (I actually saw them) leaving an apartment in a neighboring city (I found this address on-line leased to another person with same last name). I filled out an alias form with court to change the service address. I also reported her to Animal Control because the husband has been poorly caring for the horses.

And have you ever spoken to the husband regarding your concerns? Not everyone is knowledgable about caring for animals, especially if the horses are of a specific breed which requires alfalfa and sweet feed mixtures or specific vitimans.

My plan is to refuse entry to the husband, thereby forcing her to come here (where we can still try to serve her). I suspect that she will not come. After 5 days, Animal Control considers them abandoned and will confiscate them.What is the name of your state?

Again, if I were the woman's attorney you would face charges of constructive eviction and endangering the welfare of the animals. Do you have enough money in petty cash to face such a lawsuit.

Keep your knickers on and let the court deal with the problem. Your 'self-help' will do more harm than good.

 

[Cvillecpm]

I'm in Keswick, VA.....You can't refuse entry for the care of the horses....you can follow him home from your facility though. Don't report to Animal Control unless you want your facility shown on the 6 o'clock news for animal abuse yourself for trying to kick the horses off your property in the snow....you are too emotional with the situation......Horse people are strange.

Having their address is paramount and you should be using a private process server rather than the local sheriff....costs more but they get them served.

You need to be using an attorney and let the court process work.

 

[BelizeBreeze]

I'm in Keswick, VA.....You can't refuse entry for the care of the horses....you can follow him home from your facility though. Don't report to Animal Control unless you want your facility shown on the 6 o'clock news for animal abuse yourself for trying to kick the horses off your property in the snow....you are too emotional with the situation......Horse people are strange.

Having their address is paramount and you should be using a private process server rather than the local sheriff....costs more but they get them served.

You need to be using an attorney and let the court process work.

she/he can serve the husband who is acting as the agent of the owner