Is child care provider breaching contract in increasing fees agreed upon in contract...?
contract agreed upon 160wk full time spot...day care trying to up fee 100 month...we did not agree to increase ...child stopped attending..with no notice...contract states 1 month notice...feel day care provider is breaching contract by increasing fees..child only attending program 2 months...we dont feel we owe them 1month fee...as they breached contract by trying to increase fee.do we have a chance in court..or shoud we pay ...
Answers:
It will cost you far more in court costs than it will to just pay the extra 100.00 a month.
Landlords do that all the time on month to month leases. In real estate, a landlord has to give 30 days notice for a month to month lease increase. The tenant also has to give 30 days notice if they want to terminate their agreement. So if the tenant doesn't want to pay the increase they can move out before the increase begins. If you have to pay in advance 1 month, then you should also have 1 month until the pay increase goes up. Is your contract a weekly one or a monthly one? You didn't make that clear. You said 160/wk and then 100 more a month. So is that 25 more a week? Anyway, if I were you, I wouldn't pay the increase if you don't like it and go somewhere else for daycare. Unless you are owed money, or prepaid services, then there's no reason to take them to court. Just get a new sitter.
From what I can understand from your question, YOU breached the contract when you stopped daycare with no notice. So, increasing the fee effectively represents the creation of a new contract. It is difficult to follow the fact pattern because of the way the question is written.
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