Daycare requires 30 day notice($$) even though NO services were provided

[manuelprorer]

What is the name of your state (only U.S. law)? CA

In the second week of Dec 2012, we had enrolled our daughter (1 yr old) to tentatively start in a day care mid Jan 2013. However before she started with them an opening came up at a daycare close to office. We decided to start our daughter with them.

We just heard from the first daycare (after absolutely no communications in the interim) that we now owe them a 30 day notice (translating to abt $1800) even though our daughter did not attend a single day there. I am kicking myself for not being on top of this but it had been an extremely busy month. In any case, I hardly think it is fair to ask for a 30day notice given that our daughter did not attend a single day at the daycare!!

We would really appreciate it if we could get some thoughts on the options we might have at this point! Thanks in advance!!

 

[Antigone*]

What is the name of your state (only U.S. law)? CA

In the second week of Dec 2012, we had enrolled our daughter (1 yr old) to tentatively start in a day care mid Jan 2013. However before she started with them an opening came up at a daycare close to office. We decided to start our daughter with them.

We just heard from the first daycare (after absolutely no communications in the interim) that we now owe them a 30 day notice (translating to abt $1800) even though our daughter did not attend a single day there. I am kicking myself for not being on top of this but it had been an extremely busy month. In any case, I hardly think it is fair to ask for a 30day notice given that our daughter did not attend a single day at the daycare!!

We would really appreciate it if we could get some thoughts on the options we might have at this point! Thanks in advance!!

If you signed the contract and they saved the spot for your daughter, how could you not be responsible for the terms of the contract your signed?

 

[sandyclaus]

What is the name of your state (only U.S. law)? CA

In the second week of Dec 2012, we had enrolled our daughter (1 yr old) to tentatively start in a day care mid Jan 2013. However before she started with them an opening came up at a daycare close to office. We decided to start our daughter with them.

We just heard from the first daycare (after absolutely no communications in the interim) that we now owe them a 30 day notice (translating to abt $1800) even though our daughter did not attend a single day there. I am kicking myself for not being on top of this but it had been an extremely busy month. In any case, I hardly think it is fair to ask for a 30day notice given that our daughter did not attend a single day at the daycare!!

We would really appreciate it if we could get some thoughts on the options we might have at this point! Thanks in advance!!

Did you sign an agreement or receive a copy of their policies that indicated that a 30-day notice was required prior to terminating your services with them? If so, it doesn't matter whether or not you cancelled prior to receiving the services. The space your child was promised kept them from holding a place for another child.

Whether or not you think it's fair, you agreed to the cancellation notice provision when you signed your child up for the child care. You owe the money.

Next time, don't sign up for multiple child care providers waiting for a space to open up without reading over the fine print in the enrollment contract.

 

[OHRoadwarrior]

Many daycares that run near full capacity have this clause. It allows them to fill a spot before it comes open, rather than constantly interrupting their budget/income stream. Pay up or go to court. You might be able to negotiate the amount.

 

[swalsh411]

So you don't think you should be held to agreements you freely entered into. What kind of example are you setting for your daughter?

 

[LdiJ]

Of course we are all assuming that the contract allowed for a 30 day notice and that 30 day notice began the day that the contract was signed. It probably did include that but the parents should of course read over the contact, and perhaps even have an attorney read over it, before they assume that's accurate. I have seen daycares try to make claims of that nature when the contract does not actually allow for that.