Contract Breach because of a Move?

[missaimee]

Hi. We just bought a new house in the same town, and are moving to a new location 10 minutes away.

I notified everyone verbally, and in writing on August 12th. I asked all parents if the move would cause them to decide to remove their child(ren) - everyone said the new location was fine, and their children would remain in my care.

Today, "O"'s mother found out that the preschool she will be going to on Thursday will not bus her to my new home. I told her to call and ask them weeks ago, as I was skeptical as to whether or not they would, since my new location isn't in the same school district. She didn't bother to find out until today, and now wants to switch to a different daycare.

O's Mother seems to think that she can pull her daughter out without the required 4 weeks notice due to the fact that I am moving. She thinks moving locations voids my contract, that it won't hold up in court. She offered to give me 2 weeks notice and then pull her. I would rather sue for the full 4, but if moving voids my contracts, then I'm better off to accept 2 weeks notice.

Does switching locations void a contract? Please help.

[melissa ann]

Have you had problems with this parent before? Either way, I would just accept the 2 week notice and be done with it.

[missaimee]

No, I've never had problems with her, she has been great until now.

Also, I'm not the type of person to let someone off the hook because it would be easier; I need to know if, legally, my move does or does not affect my contracts, which clearly state my intent to sue if not given 4 weeks notice in writing. The parent has to sign there to indicate agreement, as well as at the end of the contract agreeing to all terms within. I am quite sure I would win in court, but if not, it isn't worth the money to file...

Has anyone ever moved their daycare or had a similar problem? Any lawyers online?

[ConcernedMotherof2]

I'm confused by the 4 week notice I'm seeing more and more mentioned on this board. Mind you, I'm merely curious, as I've never encountered a requirement for more than a two week notice. Of course, it's just basic respect to give as much notice as possible, but I would never sign a contract that required 4 weeks notice. Why is 2 weeks not enough? Especially when there are so many extenuating circumstances. I understand she was aware of your 4 week policy and was also aware of your move, but with as much change as your family is going through, hers is as well, with her daughter going to preschool. And suing for another 2 weeks beyond what she's willing to give you will likely cost you more than those 2 weeks would bring in.

[missaimee]

No, suing will bring in more than double what it will cost me to file, plus, if I win, she will have to pay court costs.

I originally required a 2-week notice, however, there were at least 2 circumstances where I wasn't able to fill the spots in 2 weeks, and my income suffered. I changed my policy, and now require a 4 week notice because I know that I can ALWAYS fill my open spots in that time, if not sooner. This is a measure to protect my finances.

Her daughter is going to pre-school 2 hours a day, 4 days a week. She signed her up in early August - I TOLD HER to call the school and ask if they would bus her daughter to my new location at that time. I asked her Monday night if she'd looked into it, she said yes, it was no problem. Tuesday she calls and says they won't bus her there. So, the truth is, she didn't bother to look into it until yesterday, and now she wants me to agree to 2 weeks notice. I am not going to make an exception for her because she was irresponsible. If she'd called the school, she would have known this weeks ago, and her notice would be nearly up as of now.

My daycare is a profitable business, and I run it as such. I am not just trying to earn some extra cash. If I was a printing company, or paint company, or any other company, and I moved to a new location, my contracts wouldn't be voided and my clients wouldn't be able to weasel out of them. Why should I reward her irresponsibility? If I make an exception this time, I'll have to do it every time.

[melissa ann]

Maybe whoever the mother talked to on Mon said yes, but didn't really know the answer or wasn't aware that you are not in the school district.
It seems to me that you already made your decision.

[missaimee]

I really would just like someone to let me know if changing locations affects contracts. I don't care what her reason is, I want to know what the best course of action is for my business.

Parents don't care how long you've cared for their child, or how attached you and the child are to each other, they pull them out instantly if it will save them money or be more convenient for them. So why shouldn't I do what's best for me?

If my contracts are truly voided, then I need to have everyone else sign new ones. Also, if that is the case, I will accept 2 weeks notice. If not, I will sue.

[laundryduchess@yahoo.com]

personally I would let them out of it. I am now in the beginning of making a move, meaning, I am looking at houses. I will give my current families the new address and they will decide if I am still their provider. If they choose not to follow me,.. I have to understand. They will give me their contracted termination notice. In mine its 2 weeks. After all upon our initial interview,.. they came to my old house,.. they signed for childcare based on that location. That facility. Any new address is a new facility. It may or may not work for them. The contracted termination period should be paid for,.. but aside from that. I dont see how you can hold someone to a contract that you changed. you moved, they didnt. Its really no different than if they moved to another part of town and werent located close to you,.. they would give you notice and move on. I think its hard becase deep down we think they may care,.. but they are not as involved in our well being as we are theirs. Thats a job hazzard we all face. As far as the contract,.. if you signed a 4 week term period,.. that is what I think you are owed. Do you have it as written notice or verbal? if verbal she may say you gave notice on aug 12.

[tymaboy]

I would contact the Child Resource & Referral in your state & ask them, they will know more on this matter then any of us here on the site. Every state is different.

[Unregistered]

Or call an attorney

[laundryduchess@yahoo.com]

if your asking for legal advice on a message board you may get the incorrect information. It may even vary from state to state, country to country. I suggest contacting a lawyer.

[missaimee]

I spoke to Tom Copeland, moving the location of a daycare does void contracts. I will accept 2 weeks.

[LawMom]

The easy answer to this question, that everyone seems to be skirting around, is yes.

Yes, moving will void your contract. Moving to a new location that is outside the reach of bus service is a material breach of contact. I base this on (1) I assume the contract contains the address of the facility, and if it does not, this is a breach of what constitutes a legal contract (2) your admittance that you knew she was relying on the bus system and (3) I have an inkling that any court would agree that location is a material factoring choosing a daycare.

It seems to me from your previous posts that you have already made up your mind about what you are going to do, even though you have already filled the empty position (“already have the child replaced, it is the principal of it.”).

If you want my advice, I would not advise pushing your luck in a case like this. No one can predict what will happen in court, but chances are very good that you will not get what you are after.

[mac60]

10 Minutes away here could equal up to 8 miles in the next town. I would say 2 weeks should be adequate. Most parents pick daycare that is somewhat convenient to their work location, and 10 minutes away could be a big difference to some.

[Unregistered]

It amazes me that you would have been willing to risk a good relationship that you admittedly had with this family and word around the area that you are a "hard A&&" based on principle. Don't you fill your future spots mainly on word of mouth?
Sorry but that's just silly. My husband is an attorney. You seemed from your posts to be sue happy and money hungry but maybe that's just me?