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  1. #5
    Euphoric !
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    Quote Originally Posted by MommaL View Post
    The provider told her that she will still have to pay January fees, as she charges by the month and requires at least 1 month notice of termination (so that there's 1 month payment after notice is given). My friend doesn't know what to do! She's already financially strapped (thus not even having the internet at home), and can't afford to pay two daycare providers for January (assuming she finds someone by then). But she also feels that it's unfair because the provider advertised her home as being pet-free and is now getting a pet without letting the families know well in advance.

    Any thoughts?
    Does she have any advertising or document which state "pet free"?

    Carer is in breach of contract. Parent went to carer for valid reason wanting pet free home. If carer change agreement, carer in breach of contract. This make whole contract null and void.

    I think it unlikely that her contract say this specifically but maybe your friend has something that does state this pet free home?

    If so, find new carer and tell current carer they withdrawing due to breach in contract and son's allergies and because contract no longer valid, they will not be paying any more than already paid. BUT need something to prove that the case, if carer take parent to court for non-payment. It would be useful if it documented somewhere.

    If it not, put in writting they withdrawing from care due to new pet clash with child's medical health and let her sue. If it their word against carer, as long as carer not going to lie about being pet free so far, they should win. But document always better as proof than word.

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