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Loren, Attorney
Category: Legal
Satisfied Customers: 33457
Experience:  30 years experience representing clients.
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I rent stalls in horse stalls, and got behind in my board.

Customer Question

I rent stalls in Virginia horse stalls, and got behind in my board. But I have been paying. The person that owned the stalls an the barn's signed it over to a non-prophet organization. Can they collect Old dEbit that people owe?
Submitted: 7 months ago.
Category: Legal
Expert:  Loren replied 7 months ago.

I am Loren, a licensed attorney, and my goal is to answer your question and provide you excellent service.

Customer: replied 7 months ago.
Ok, The person that owns this facility could not sell it so what he did was donated to a nonprofit organization. Can they collect back rent?
Expert:  Loren replied 7 months ago.

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortunately, a contract can be assigned to a non profit and they would step into the shoes of the original owner. So, yes, the obligation is still enforceable to the extent it would be enforceable by the original owner.

You can still assert any legal defenses you had against the original owner, but the new owner can enforce the contractual obligations they were assigned.

Expert:  Loren replied 7 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 7 months ago.
Can't I request something showing this from him? That they can do this?
Expert:  Loren replied 7 months ago.

Thank you for following up with me.

You certainly have the right to demand the new owner prove the assignment. Typically, the original owner would send a letter notifying renters that the facility has been transferred and where to send future payments.

Additionally, you can demand an accounting to prove the amount being claimed.

Customer: replied 7 months ago.
What do you mean? Amount being claimed against me?
Expert:  Loren replied 7 months ago.

The amount they say you owe.

Customer: replied 7 months ago. you read this article because I just don't understand if he is writing everything off and taking the tax break.
Expert:  Loren replied 7 months ago.

What has that to do with you?

Expert:  Loren replied 7 months ago.

If you owed money to the prior owner then the current owner can enforce the past due amounts against you regardless of whether it is non profit or not.

You can enforce any written settlement agreements you had with the prior owner as well.

Expert:  Loren replied 7 months ago.
The article does not state anything which would change your situation.
Expert:  Loren replied 7 months ago.
Did you have further questions? Have I answered your question?
Customer: replied 7 months ago.
OK, but the-previous owner and myself had a payment arrangement with my horses, that when I win I would pay my board. But now they're telling me that I have to pay everything up-to-date. But what happens if I can't how long will I have to move livestock?
Expert:  Loren replied 7 months ago.
If the payment arrangement with the prior owner was in writing then it is enforceable against the new owner and he must comply with it. If it was not in writing then the original rental agreement still controls.
You would be given notice before the horse can be moved and the notice would contain the deadlines.
Customer: replied 7 months ago.
This is my last question, say I don't pay them. They have legally evict me through the court system right?
Customer: replied 7 months ago.
They can't just give me something in writing and tell me to leave? Can they?
Expert:  Loren replied 7 months ago.
Customer: replied 7 months ago.
something in writing from them won't work?
Expert:  Loren replied 7 months ago.
Sorry. I misspoke. They do not have to go to court. They must give you notice, though, as provided in the rental agreement.
Expert:  Loren replied 7 months ago.
Did you have further questions before you rate my service to you?

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