How much notice do you have to give someone who is not paying?

Question

We’ve had a person here for 1yr ½ now and it has been a constant struggle trying to get money out of him. He’d get his bill up to $1000 and then try to bully his way to get it down with my husband and myself. Then eventually would pay because we were going to take his horses and sell the filly (a purebred QH) at public auction. Now he’s got it back up to $700 again and has no intentions of paying. He’s been kicked out of his house for not paying, lost his car, and now just drives his ancient tractor and lives in an old broken down trailer behind a friends house. He has NO money, yet he insists on keeping his two horses even when their care is going down the drain. He still feeds them, but their stalls don’t have enough straw to soak up the urine and it stinks in there. Also his filly (who is a yearling) had the same halter on since she was 4 months and it was cutting into her face so much that she now has permanent scars (she has a new halter now as WE bought her a new one, as a gift for her birthday, because we felt bad for her). His mare has extremely long hooves and is toed in as it is, so she is almost walking on the sides of her feet. And he refuses to get a job- even though there is one with open positions within 5 minutes walking from him. 

We want to get him out NOW, but how much notice do we have to give him. We want him out by two weeks since he has been told by eviction letter, but he says we have to give him at least a month- is this true? I read on the inkeepers act that we can announce a public auction and have a lein on the horses in one week, but it says nothing about evicting him.

We are in Ontario, Canada.

. · Accepted Answer

Yahoo Answers is a LOUSY place to come for legal advice, even about a stableman's lein. Contact a lawyer in your immediate area for advice. 

In my area, a certified letter must be sent to the owner stating the horse needs to be made current on board within 2 weeks. The BO must also notify the local sherIff at the time of the certified letter. If not paid, then the horse is advertised for a short period of time that it's going to auction for fair market value. I believe this takes less than one month. This is NY state. 

Varies by location, so again check with a laywer in your area. 

And I'm sorry about the typos. My eyes are going bad and I'm too lazy to find my glasses..

Trish · Answer

You can put a lein on the horse and some where in the contract that he signed with you, you have the right to give them 30 days notice and then they need to be off the property. Keep a copy for yourself in case they don't leave, you then have the right to press more charges if you are unable to get them to leave.

pryce · Answer

You left the prior org. with out giving correct become aware of & for this reason needed to pay a high-quality of Rs 73K, for breaking a agreement. That was once your expenditure. Now you're being reimbursed, so that is high-quality. It is your earnings and so will have to be taxed.

Finley · Answer

Shame on you for allowing such abuse to happen on your property!
Sitting by and letting a filly wear a halter that's cutting into her face? And you do NOTHING??
Shame on you!

If I were you, I wouldn't have to ask what to do.
I'd have already done it.

I'd tell this owner he can no longer TRESPASS on MY property because the bill is past due, I am now the owner of his horses. Period.

I certainly would not carelessly sell the innocent horses at an auction either. As they can find their way to the slaughter house. And I actually care about horses.

I'd find them a good home and that's that.

Find a backbone and do the right thing for the innocent horses who are not at fault....it's not their fault that you and that bastard are negligent.

? · Answer

What is the contract, or common law in Ontario, Canada?

You need to now that

You are not evicting "him" as he doesn't live there, you are removing his livestock from your property

MiniSuperWoman · Answer

Give them a month, and in the time being call your local humane society or ASPCA on them. That's animal neglect, and it's not your responsibility to take care of his horses.

? · Answer

Give him 30 days. If he is not out by then. you have permission to press charges.

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How much notice do you have to give someone who is not paying?

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