LilithSamael 10:10 AM 10-25-2019
We went with a licensed home-daycare provider. We paid her a deposit for our infant to start care next month. We did not fill out the paperwork yet but did give her the deposit already. After that she informed us they decided to sell their house and moved 8 miles out of town. I do not want to use a daycare provider out of town and if I had known she would be moving I would have never even considered her. Am I able to get my deposit back from her because she moved and breached the agreement? I am asking her today for it back and hopefully have no problems, but I was just wondering what to do if she says no. Do I have any recourse or am I out of luck?
LilithSamael 10:11 AM 10-25-2019
I live in Minnesota by the way.
Blackcat31 10:15 AM 10-25-2019
I am also in MN. I would think she would return the deposit without issue. I know I would.
If she won't return it, ask why not.
Unless it's written into the contract you signed that she was moving I think you are entitled to a refund.
Your only recourse if she doesn't is to pursue legal options such as small claims court and/or an attorney.
LilithSamael 10:39 AM 10-25-2019
She never said anything about moving when we agreed to use her daycare and then gave her the deposit. I did hear back from her. This was her text message:
"Since you are choosing not to follow me to my New location as I did NOT know I was moving but the opportunity came available and it's better for my family, since you've been in contact with me and are choosing not to follow me, it's non refundable."
I think I am entitled to my refund because she breached the agreement and I shouldn't have to follow her to her daycare. It shouldn't matter that it was better for her family.
Cat Herder 10:50 AM 10-25-2019
Did she hold a spot for 30 days prior to the move (losing that potential income)? Was the deposit used for that and not actual enrollment at the new place? Was she under the impression that you were ok with the move at any time?
Other than that, I also would not keep it. It is a bit odd. Is there more to the story?
I charge full tuition from the very first Monday a slot is available, so full tuition would have been due each week for the full month.
LilithSamael 10:57 AM 10-25-2019
We decided on her daycare and gave her the deposit in July while I was still pregnant. My daughter was supposed to start going there at the end of November when my leave from work ends. The daycare provider moved in August/September. She told me that she was moving in September and I told her I didn't like having to drive so far to bring her and drop her off. She apologized and said she wasn't expecting it and it just came up. That was the end of the conversation. I wasn't sure what to do about it and after talking we decided we don't want to follow her, so I just notified her that I would like my deposit back because she moved locations and she is refusing.
I think its odd too. But honestly, I think she is having money issues and doesn't want to give it back because she can't afford it, just my opinion. Her husband lost his job sometime in the summer, so might be a factor in her not wanting to hand the money back.