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Leased horse now injured, contract question

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ClassAct2575

Junior Member
What is the name of your state? VA, contract under MD law

In September I signed a 6 month "free lease" (meaning no fees tacked on) contract on a horse. Last week, the horse was injured in his paddock and will require surgery to remove a bone chip. It was iffy because the owner kept procrastinating on getting the medical insurance paperwork in despite me consistently reminding her, but it came through and his bills will be covered. He's expected to make a full recovery after the surgery.

However, the horse will need 2-3 months stall rest after surgery and the owner wants to keep him at her barn in MD at $700 a month, and says I should pay for those months until the lease expires in March. She also says the contract states I need to return the horse in the condition I got him in (which is not true, plus it's a live animal and not a car ;)), hence me having to pay for his board/expenses until he is back to 100%, so it could be longer than that -- but it's not clear. The only statement in there relating to his condition is this:

6. Care and Maintenance: Lessee shall assume all responsibility for the full care and maintenance of the Horse during the term of this Lease and shall provide reasonable facilities and conditions for boarding, furnish good quality feed, adequate water, exercise, medical/veterinary care, various related services in a manner consistent with good horse boarding and keeping practices in the State of MD...

and

9. Risk of Loss. Lessee shall bear all risk of loss with regard to the death or injury to the horse. Lessee agrees to maintain a policy of equine mortality insurance, and Major Medical and insuring the horse in the amount of $x. [[side note: $x is not the market value of horse; she put that there as most people insure their horses above what they're worth in case they die. :eek:]] Recommend loss of use insurance. In addition, in the event of significant injury to the Horse while in the care and custody of Lessee which results in permanent impairment to the Horse’s performance ability, Lessee agrees to pay the sum of $x to Lessor in compensation thereof, at which time registered ownership of the Horse will be transferred to Lessee by Lessor.
Anyway, I've found a place in nearby WV that's half the cost of the board where she wants to keep him. Do I have to pay the $700 board, or can I say, "Look, there's this place for $350 and I'll pay for that amount, but I'm not obligated to pay the $700 board."? Nowhere in the contract does it state where I have to keep him, plus it says if the owner feels his barn isn't safe/puts him in danger (I wouldn't do that), then she can remove him and terminate the lease, thus freeing me from financial responsibility. It'd be a yucky way to do it, but she's been extremely flakey and claims she has no $$ (yet owns 5 other horses...).
 


BoredAtty

Member
Based solely on the info you shared, you do not have an obligation to place the horse in the care of the lessor for $700. You merely have to care for the horse in a manner "consistent with good horse boarding and keeping practices in the State of MD." So, if the place in WV is consistent with the practices in MD, then it is adequate according to the terms of the contract.
 

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