Renter left horse Shed now wants to come take it

**ohwhatacruise** · 10-31-2009, 08:05 PM

Here is the situation. Rented my pasture to a guy who was not taking care of it like in the agreement..gave him a discount to keep it mowed and maintain fencing. He never mowed it in 2 years he was here and actually cut barbed wire everywhere exposing the field fence to horses that trampled it down in many places.

He did not pay for 1 yr until I showed UP then started paying so owes me about $500 from back rent when I got here and then after I am here still kept his horses here but did not pay for 8 months until I took his horses and put them in his yard eventually. NOW More than a month later he calls saying he wants his 3 sided 12x12 shelter that he put up with his lumber and my tin..It is made into the ground with telephone poles and really an eye sore but my horses use it for shade..Am I obligated to let him come dismantle the shed or not? I figure he owes me $800 from this year of not paying rent and it is my tin on the roof anyway...What do you think?Normally I would not care as a matter of principle, but I just spent $300 to repair fencing that he cut and his horses trampled..He tore the fences down and broke the gates etc. Just a bad deal all the way around...

**markbrian** · 11-01-2009, 06:17 AM

I really wish I could answer but since I am not an attorney and do not know the specific terms of the lease contract and the laws of your state I cannot say. I would ask an attorney in your state to look over this lease and advise you regarding the laws of your state.

But my gut feeling is that if the shed is not worth much, who cares. On the other hand, what will this person tear up or damage when he comes to tear down the shed?

**mr1** · 11-01-2009, 06:39 AM

With the absence of such language in your lease that would relate to removing structures attached to the land, I'd say no, you are not obligated to allow him to come back. I presume his lease has expired and he has vacated? If so, he would be trespassing if he returned without your permission (make sure to attach a "no trespass" sign). If what he has assembled is now a part of the land (it's not personal property) I wouldn't think he'd win a civil case against you, but that's up to the judge if it went that far.

It sounds to me you are asking more from a perspective of conscience. In that context, no, I wouldn't feel bad about kindly asking him to have no further contact with you and you both just move on.

(I am not an attorney)

**Hollywood Landlord** · 11-10-2009, 04:12 PM

I'd be surprised if your lease agreement stated anything about building and removing structures. If it does, that would obviously be the first place to look.

If it says nothing, then he would not be able to come claim his structure for he would be trespassing.

**VegasAgent** · 11-10-2009, 05:45 PM

I agree that you probably need to consult a local attorney and go over the details in the lease agreement again, but generally speaking fixtures that are attached to a property become part of the property and cannot be removed by a tenant, no matter whose materials are used and even if he was current in his lease.

**Greg** · 11-11-2009, 04:31 AM

Forget about the law, forget about principle, the question is what will this guy do when you tell him he can not have his shed back?

He obviously doesn't care about the law or what is right so the chance of him making the situation even worse if you deny his request is what you should be considering.