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  1. #1
    Join Date
    Aug 2006
    Posts
    10

    Default Owner's Animals, Owner's Access

    This is a bit odd, so I thought I might ask as a bit of preventative maintenance.

    We rent a very rurally located home in Kansas, and only recently moved in. The parcel is 320 acres, our rented portion is less than fifteen with the remainder in CRP, pasture reserved for owner's sole use or rented to another tenant as grazing land for cattle. Two sections of our lease in particular are relevant to my questions.

    The first would be owner access. The lease states simply that "the owner may access property any time he chooses". This seems to perhaps contradict Kansas law, which states "reasonable" notice must be made. Being as the property is in Kansas and the owner resides in another state far away, I had thought this would not be an issue regardless. Several times in the short span since we have taken residence, the owner has shown up; he brings friends, he brings relatives, they wander around and generally have a grand old time without so much as a phone call letting me know he is on his way. Additionally, the tenants who have rented the bulk of the parcel for grazing land will show up to check on their herd. They drive across my portion of the rented land to do so. I was not informed of this until after payments had been made, lease had been signed and we had taken possession (I mentioned a strange truck on my property by the pens near the house and was told it was the other tenant.)

    That would be more impolite than anything, though I would like some input on it. Of slightly greater cause for alarm is a section of the lease dealing with the owner's animals. A portion of pasture land is reserved for his use alone and he has two horses out there. Prior to signing the lease, he asked if I wouldn't mind throwing hay to them this winter, being as winter pasture would be inadequate and he lived in another state far away, and if I would be so good as to call his vet if I noticed they were injured or sick. His dime, of course. I saw no problems with this and signed the lease with a section stating I would "feed his animals in the winter" (specific wording, very informal lease). Well, a couple of times on his sojourns to my place he has mentioned that it's time to get the hay. His phrasing is ambiguous; is he reminding me not to forget the horses will need hay thrown to them, or is he telling me I need to go buy the hay myself as well as feed it to them? I can never quite tell which he means.

    Just in case his response when I ask him to clarify is that he expects me to also pay for the feeding of his animals, I'd like some opinions beforehand on the legal obligations imposed on me by the term "feed his animals in the winter". Is it more likely to be legally interpreted as the mere action of feeding, or will it be seen as a contractual obligation to also provide feed at my own expense in addition to any rent monies already agreed upon?

    Thanks in advance. Hopefully this hasn't been asked so often already that I'm being a nuisance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Owner's Animals, Owner's Access

    Ask him, by letter, "The hay will be $X. Do you want to send me a check, or should I deduct that amount from my next rent payment?" Then await his reply. If he says, "Take it out of the rent", with your next (reduced) rent check you can include a letter, "Pursuant to our agreement, I have deducted the cost of the hay from the rent." Keep copies of the correspondence for your records.

    The access thing... You're either going to have to put your foot down, or live with the status quo. Allowing the owner access would normally be interpreted as a very different thing from allowing access to the owner's friends and family, or allowing access to other tenants.

  3. #3
    Join Date
    Aug 2006
    Posts
    10

    Default Re: Owner's Animals, Owner's Access

    Excellent advice, and I appreciate your time. Thanks again.

  4. #4
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Owner's Animals, Owner's Access

    Quote Quoting Romero
    View Post
    Excellent advice, and I appreciate your time. Thanks again.
    I agree with MKIA and just want to emphasize to make sure you get everything possible in writing.

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