I enrolled my daughter at a new childcare less then 2 months ago, they closed due to the coronavirus and the owner says that they will try to reopen on April 13th (I don't think this will happen). In the contract they say that they can close the facility but there is no mention to the fact that we should pay for it if they are closed but the owner says that we have to give 30 days notice (so she is going to make us pay the entire month of April).
Unexpected School Closings
Normal hours of operation are subject to change at any time to ensure the safety and well-being of your children and our staff. Due to the unavoidable occurrence of emergency weather conditions, power outages and wildfires, please remember any closure is the protect the wellbeing of the children in our care.
The language of the contract may provide some insight into this, so you might consider having it reviewed by a consumer attorney. However in your situation, I think you would be justified in the assumption that payments made to the child care provider are for services -- child care. If the facility closes for an extended period (more than a week), it is hard to see how the provider can shift that onto clients by invoking the 30-day cancellation clause. That clause exists to allow the owner time to get a new client when one client leaves. You have not made the choice to leave or move to a different provider -- you and everyone else is the victim of circumstance.
"Within thirty (30) days after termination of the tenancy and return of possession of premises from Tenant(s) to Agent, Agent must provide Tenant(s) with an itemized listing of deductions made from the security deposit and with payment of amount due Tenant(s). If Tenant comply with all terms and conditions of the Lease Agreement and with applicable statutory obligations, Agent must return to Tenant(s) the security deposit, together with any accrued interest as required by law, within thirty (30) days after termination of the tenancy and return of possession of the premises to Agent by Tenant(s)."
We did not receive notification within 30 days. The envelope wasn't even stamped until after the 30 days was up. When I called they told me by law they had 45 days, which according to VRTLA is correct. I don't know which to go by, the lease that I personally signed or VRLTA. I know VRLTA is the law, but the lease is a written agreement between myself and the company I chose to rent from. If we go by the lease then they breached our written contract, but if we go by VRLTA then I do have to pay the outstanding charges.
