<p>Many of the attorneys I know offer a free initial consultation, especially if it is about an issue you may retain them for (like evicting a tenant in a landloard-tenant situation). It’s worthwhile to do this correctly, to minimize your financial and other losses, as well as possible fines that could be assessed against you as the landlord/homeowner for someone on your premises violating a zoning ordinance. The attorneys should specify if they offer free initial consultation and give you an estimate as to the bill for services if you retain them.</p>
<p>It’s interesting all the different interpretations of what the OP has described. I can imagine a small Quarter Horse of 1000 lbs but just 14.2 hands. Or I can imagine a tiny Shetland at about 350 lbs and 10 hands. And the half acre lot could be gorgeous sodded lawn or dried out dirt and weeds. </p>
<p>Either way however there’s manure, flies, and smells. I don’t think there’d be a zoning variance possible – especially since a variance would not be for <em>this</em> tenant and <em>this</em> pony, as variances normally would run with the land in perpetuity.</p>
<p>In many parts of the country, shade is more important than actual stabling. In my part of the world, New England, the pony would certainly need some sort of shelter in the winter. With optimal stable management, a tiny pony or miniature horse could live in a corner of the garage, well bedded on mats, with the stall cleaned twice a day. Nothing from the OPs description convinces me that the pony will be kept like the king’s horses.</p>
<p>And if the pony is just grazing in the yard-- there will not be much of a lawn left – as many other posters have pointed out. Between the dust and the mud it will be horrendous. </p>
<p>The pony needs to live elsewhere. Perhaps the tenant as well as this is a clear lease violation.</p>
<p>DrGoogle, you did not read the first part of my post. 
that’s what I suggested. Get familiarized with the document first, but if there are issues beyond what you can understand, get legal help. $300 for an hour consult can save you thousands in the long run.</p>
<p>It looks like OP is considering zoning variance and then talks about liability. Zoning variance is not going to help with liability issues. Another thought. It will help to legalize the horse, but will it make the neighbors happy? </p>
<p>Bb, I’ve finally read it.</p>
<p>I can’t find info for my urban county, but n the next suburban county, you can keep horse. Building to house them just need to be 30 ft away from property line.
Was he anticipating telling yo</p>
<p>Sorry I am late.
Yes, the ordinance prohibited to keep the Livestock(pig, sheep, horse) on premises, not only pony. The neighbor’s letter had already pointed out the Zoning law.
I spoke to the neighbors, they do not mind about the pony but they don’t want his laud music,which lasted after midnight in four occasions. They are using the pony issue to threaten him in order to have him stop the music.
I, on the other hand think both pony and music are intolerable and has written a stiff letter to warn him and hoping to change his behavior. I gave him until end of October to get rid off the pony and stop laud music immediately after 10pm.
My “pasture” is basically a piece of bare land with little wild grass. Lots of hard clay and other “wastes”. It will not support a pony’s grazing. It is just a stock yard or a “parking lot”, I did rent that to the current tenant to store his heavy equipment. He has to buy a LOT of hay to feed the pony.</p>
<p>IMO it doesn’t matter if the neighbors “don’t mind” the pony. It is illegal and a violation of the zoning laws. And if you know its there and something happens, you will be liable as its a “known nuisance”. And its your property, not his. And he is a lousy neighbor with lots of loud parties. I would read him the riot act. Tell him the pony must be relocated by XYZ date (make it soon) and that the neighbors are complaining about the noise. IF the neighbors call the cops and the cops see the pony, there could be problems for him and for you. If you aren’t prepared to threaten eviction yet, see if he complies. If he doesn’t, then go to plan B.</p>
<p>IMHO, giving the tenant until the end of October to relocate the pony (which violates zoning and lease) is MUCH too long. I would be more inclined to go for 48-72 hours. There is no reason that that pony should be on your premises–there are many potential liability issues.</p>
<p>Yup. Shouldnt take but a few days to find a stable to rent to board the horse. They need to do this immediately. </p>
<p>Artloversplus, my guess is you are worried about the expenses associated with an eviction. Possible loss of rent once the eviction notice is served, possible additional damage to your property. But I think you are being penny wise and pound foolish. These folks are violating zoning on a property which YOU one. This means YOU are violating the zoning ordinance. </p>
<p>I hope you have several months rent in deposit money from these folks. </p>
<p>A suitable tenant would not violate zoning ordinances…and would not create a noise disturbance. </p>
<p>What jym626 says: out with the pony now. Ponies and horses have liabilities associated with them. Tenant is irresponsible and indifferent to rules or courtesy. Ponies can get loose, damage property, run in front of vehicles. Kids can approach and get bitten or possibly kicked. Home owners insurance may or may not cover such incidents, depending on the policy. </p>
<p>Sorry for this aggravation. Hope it is resolved quickly. </p>
<p>I would be having a free initial consultation with a L-T attorney about eviction proceedings by now, but I guess we’re all different. It seems bad to have a tenant who blithely violates zoning and also has loud parties. Why put up with it and what’s next?</p>
<p>This tenant has been there only 4 mos and has had 4 loud parties and a pony? Time to get IN WRITING that he is in violation of the lease and zoning, and has. X days ( how about 3? 5?) to get the pony relocated and that he must be in compliance with local sound ordinances (whatever they are- look them up and cite them). He sounds like a nuisance neighbor. I would worry what he has done to the inside of your property, especially with all those parties. Maybe you should exercise your right to an inspection if that’s in your lease agreement. </p>
<p>Are you sure it is a pony and not a miniature horse?
If it is a miniature horse and they have a letter from a mental health professional that it provides emotional support you can not evict.
In many Ca communities if there is rent control with a strong tenant rights board it can be hard to get an eviction even for behavior that to most sane people view as unacceptable.
The first order might be having an attorney send them a letter that states they are violating the terms of their lease and the zoning ordinance. That way you have the first step in writing. </p>
<p>On another thread, someone wrote that an empty rental is better than a rental with crummy tenants. It was their number one thing on a list! </p>
<p>Wish I could find that thread!</p>
<p>Thank you for your thoughts
The reason I gave him until end of October is that I will be traveling outside of US for two weeks and to initiate an eviction proceeding right now is unwise. </p>
<p>We don’t have rent control in town, thank god. </p>
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<p>Why am I imagining a bunch of horses having wild parties?</p>
<p><a href=“How much do YOU think YOU need to retire? ...and at what age will you (and spouse) retire? (Part 1) - #3022 by notrichenough - Parent Cafe - College Confidential Forums”>How much do YOU think YOU need to retire? ...and at what age will you (and spouse) retire? (Part 1) - #3022 by notrichenough - Parent Cafe - College Confidential Forums; Post 3021, thumper1.</p>
<p>Thanks Jym…post 3021 of that thread gives the list. An empty apartment is better than a bad tenant. Sounds like a good mantra.</p>
<p>Artloversplus, might I suggest that you visit your rental before you leave the country. The horse and loud parties could be the tip of the iceberg.</p>