Powered by Avvo.com

Does a day care have the right to withhold funds paid to them for service if they asked us to leave?: Our child complained about being hit by a teacher at daycare, so we notified dhs and went from there. When the police arrived and did their investigation the daycare took offense, The following work day they informed us they were discontinuing care, and would not refund us our deposit and the remaining two weeks of the month we had paid for. Our contract requires that we give two weeks notice in order to get our deposit back, but we were obviously unable to do that. It however does not express in any way that the daycare has a right to keep any money if they ask us to leave. Given the circumstances of the situation we were happy to leave but feel we deserve a full refund. My question is does the law agree with us?

Asked about 17 hours ago in Contracts

Gregory’s answer: Obviously much depends upon what the contract itself actually says but assuming you can prove what you have posted, it does not sound as if you breached your obligations under the contract nor even were you the one to terminate it. You may have grounds to sue the daycare for assault and/or battery and regardless, while it ultimately would be up to a Judge or Arbitrator, I would think it highly likely that you would get your deposit back and possibly more, depending upon the exact details, findings of the police report, etc. The place for you to start is to review everything with an attorney. They may change their tune quickly and considerably if they get a letter "explaining" things to them from your attorney. Best of luck.

Answered about 17 hours ago.

Can my landlord take fees out of my security deposit?: My landlord has said there is an early lease termination fee in my lease agreement that is due when I leave the rental before the lease termination date is up. Is my landlord legally allowed to collect part of the fee from the security deposit? The termination fee is more than my security deposit. How does that then work?

Thank you!

Asked about 20 hours ago in Landlord & Tenant

Gregory’s answer: Certainly he take that and any/all other amounts you owe him that are related to your tenancy and rental. He must still serve you with a written accounting of how much and why he is withholding from your security deposit within 31 days of your restoring possession to him. If you owe more than the deposit total, he is free to bill you for the difference. If you don't pay it in a timely manner, then he can send you to collections (with an attendant ding on your credit record which is likely to be found by future potential landlords as well as any/all other potential future creditors) and/or simply sue you for the amounts owed. If he sues you and wins, you will likely owe him not only whatever the base amount is, but also his court costs, prevailing party fee, and possibly his attorneys fees (potentially thousands of dollars). Or he could just let you go and not pursue it - his choice. If he is going to sue you, he needs to file the law suit within 1 year of when you owed it (presumably from the end of your tenancy) or he will lose his right to bring the lawsuit, regardless of whether he can win.

Answered about 19 hours ago.

Can I be charged for painting after living in my rental for almost 8 years ?: I'm moving because the owners want to sell their home and not rent it again. I was given permission to paint the interior (not in writing) by the original property management. They have since been taken over by another company. This new company does not have any of my original documents , my walk through or check off list. So I'm curious if this new management company can charge me for repainting the walls? They weren't even freshly painted before I moved in.

Asked 4 days ago in Landlord & Tenant

Gregory’s answer: If they have no records, how do they know whether you painted the walls or what the terms were (ok to paint as long as you re-paint on moving out or ok to use that color and no need to re-paint when you leave or ???)? Regardless, everything has a lifespan and walls need repainting every so often as a result of ordinary wear and tear. So the very most you should be required to pay for is the depreciated value of the paint job. If, for the sake of illustration (and ONLY for illustration), we say walls need repainting every 10 years and they were last painted by the landlord 8 years ago, then the landlord got 80% of the anticipated lifespan and the most a tenant should be possibly liable for is 20% of the cost of repainting. What is the realistic lifespan of painting walls? Ultimately it is whatever you and the landlord agree it is or what a Judge or Jury says it is. Given that if it goes to court, loser most likely will owe the winner's court costs and attorney's fees (potentially thousands of dollars), it is in both the tenant's and the landlord's interest to be flexible and to try to reach a negotiated agreement rather than pressing the issue by going to court. Bottom line is they may have a hard time proving you painted the walls with an obligation to repaint when you vacated to begin with and even if they do, they amount you would owe is likely to be rather limited, if anything at all. Good luck.

Answered 3 days ago.