Is it breach of contract if I am evicted and told I have 5 days to get out when the contract says I get 10?

Question

After horrible treatment at the boarding facility I am keeping my horses at, I gave my 10 day written notice as per the contract says. I did receive a voice mail stating the owners wanted me off the property in 25 days for eviction, but it clearly states in my contract that: "Either party may terminate this agreement by giving thirty (10) days written notice." I did not feel comfortable leaving my horses on this property so I took my pregnant mare and her foal, for fear of stress to mare may cause termination of pregnancy, to a new place 2 days after I gave my notice. 5 days after giving my notice I received 2 written notices of eviction to be off the property in 5 days, stating I had breached the contract by giving my notice after their notice (the verbal one) and by taking my horses off the property before the 10 day expiration date.

In the 1st paragraph of the contract it says "Stable requires 10 day notice, in writing, if owner intends to see or move horse. Owner is responsible for a full months board should there be no notification payable prior to horse leaving Stable premises." So I believe I am in the right to take my horses because I have given notice.

So am I breaching the contract or are they in this situation?

Also they are trying to pin damages to property on me because my horses have "no manners". Never once were these damages brought to my attention until I wanted to leave.

Also in the contract it says : "Owner hereby releases, exonerates and absolves Stable and any of their representatives of and from all liability whatsoever and agrees not to sue them or any of them on account of or in conjunction with any claims causes or actions, injuries, damages, or expenses (collectively "Liabilities") arising out of the use or presence upon stable property and facilities by Owner or Owner's horse, including without limitation such as liabilities as may arise from death, personal injury, property damage, economic loss including consequential damages.
Owner hereby waives the protection afforded by any statute or law whose purpose or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person given the release does not know or suspect to exist at the time executing the release."

I am not sure what any of that means but if you (the person reading this) believes that the Stable has breached the contract by evicting me in 5 days rather then the contracted 10 days does this mean I can sue them now?

I know it's a long read but I really need any and all help I can get. Thank you

Answer 1

At no time does a verbal contract supersede a written one. Go by the written contract.

Answer 2

Hello Ashley,



Woow what an annoying situation.



Let me first tell you what a written notice is i am not an American so i am not quite familiar with the law system of America.

However i found something in the law about "written notices" which is the following:



I quote:

"Written notice" means notice, including any representation of words, letters, symbols, numbers, or figures, whether (i) printed in or inscribed on a tangible medium or (ii) stored in an electronic form or other medium, retrievable in a perceivable form, and regardless of whether an electronic signature authorized by Chapter 42.1 (§ 59.1-479 et seq.) of Title 59.1 is affixed. The landlord may, in accordance with a written agreement, delegate to a managing agent or other third party the responsibility of providing any written notice required by this chapter."

End quote.



*Notice this is the law in Virginia.*



Anyway you need to read the law as literally as possible, thus a voicemail is NOT a written notice.

However make sure these rules apply to the area you live in, so look it up yourself.



Anyway, i would say the 5 days are to short.



PS: i don't take my word for it i do not own an American lawbook.

Answer 3

Technically, the NEW TENANT is breaching the contract by smoking in a non smoking house. This is the only thing the landlord can enforce. The only thing you can do is give your proper notice to the landlord and move as soon as you can. You need to give the required notice if you expect to get your security deposit back in full. If the new tenant hits you, then you can most definitely press charges against him.