Horse owners do not pay stable rent

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Almost every stable owner has found himself in this situation: The horse owner does not pay his stable rent. What can you do in this situation? The horse still has to be looked after. But thank God the legislature has created a few options here.

The stable operator has these rights

According to the law, the stable operator may give a horse owner extraordinary and immediate notice if the owner is in arrears with at least one stable rent. Usually this has to be paid in the first few days of the month. Whether this is done in cash or by bank transfer is irrelevant.

  • If your advertiser does not pay, the first thing you should do is to send your advertiser a reminder. In this reminder you can also threaten further steps.
  • As a special right, you have a lien on any property of the horse owner. This includes the saddle and even the horse itself. However, always keep in mind that you do not have a statutory landlord's lien, as a horse hire is usually one mixed contract of service and rental acts. Therefore, you must always specify the lien in a contract.
  • Please note, however, that you have to take care of the horse as usual. You are also not allowed to deny the adjuster access to the stable.

The horse hire contract is an important document

In order to be able to exercise your lien, you should proceed as follows:

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  • Always use model contracts in your employment contracts that draw attention to the lien. If this is not the case, then your chances of asserting this right diminish. Then you only have a right of custody and can hold the horse back until the owner pays.
  • Always inform the horse owner in writing that you will exercise your rights if he does not pay by a deadline set by you - according to the law, you must give at least one month. Always accept deposits. With this you can show your goodwill in an emergency.
  • Before selling the horse, sell the saddle or other items first. Always remember that the horse is a living being and that the horse always suffers when it is sold.

Possibilities to collect the rent of the stall

If you do not want to exercise your lien, you still have the following options to collect the stall rent:

  1. Start a normal dunning procedure. If the horse owner does not react, you can apply for a judicial dunning procedure after the first reminder.
  2. To do this, buy the form for issuing a dunning notice from a stationery store. Then fill it out according to the enclosed explanations.
  3. Submit this dunning notice personally to the dunning court. If the horse owner does not object to this dunning notice, you have the option of applying for an enforcement notice.

Conclusion: Before you sell a horse, you should do everything you can to collect the stall rent in other ways. Do you have the equine passports of the set Horses not at the stable, then it will be all the more difficult to sell the horse. After all, the equine passport must accompany the horse on every transport. Furthermore, it would always make sense to consult a lawyer, as the legal regulations can always change or the whole matter is relatively complicated.

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