Daycare Related - Am I being unreasonable?

My son recently started at new daycare. After a few months, we've come to the conclusion that it's not working out and that we want to move back to his old daycare.

I'm pregnant and due in June. A week before deciding that we wanted to move daycares, we put down a deposit for an infant spot, because we'd heard from another parent back in October that they didn't have infant spots available until June, so we felt we had to secure a spot early. We put the deposit down, didn't sign anything, and then there were a few things that happened that made us decide to move.

We immediately asked for the deposit back, and told them we'd be moving my son in two weeks. They're refusing to give the infant deposit back, because in the week since we gave it, they've allegedly turned down parents (note: this week includes Thanksgiving, so we gave the deposit on Tuesday, they were open Wednesday and Monday, and then we asked for the deposit back on Tuesday.

Is it unreasonable to think we should get the deposit back? I would totally understand if they'd been holding the spot for months, but for 3 days and they still have 8 months to fill it? Also, they even told us that their next spot available is now in September, so they've obviously continued to fill spots.

Daycare Related - Am I being unreasonable?

If you didn't sign anything they can do whatever they want unfortunately.

Daycare Related - Am I being unreasonable?

You are not wrong in wanting your money back but unfortunately most places the deposit is non refundable.

Re: Daycare Related - Am I being unreasonable?

Re: Daycare Related - Am I being unreasonable?

Did you pay a deposit or registration fee?

Registration fee you probably won't get back deposit you should. They usually hold your deposit till you leave and then when you give two weeks notice you should get your deposit back or the will use those 2 weeks for pay.


If its a deposit I would insist on getting it back and I would probably threaten to sue, them and blast them on social media my assumption is that they won't want to deal with all that and give it back to you.

Also you didn't sign anything so they have no standing really if no contract was sigh I would think

Daycare Related - Am I being unreasonable?

It was the security deposit not the registration fee, which they never specified as being non-refundable.

Security deposit is held and used as the last week when we leave. So if I enrolled the baby, I could leave after 2 weeks and use it as my last week, but right now over 8 months in advance after holding the spot for 3 business days, they're saying they won't give it back.

Re: Daycare Related - Am I being unreasonable?

Daycare Related - Am I being unreasonable?

The paperwork is at my office. I'm going to check it this afternoon to see if it says anywhere that the deposit is non-refundable.

The directors keep telling us that they're waiting to hear back from the owner, who is on maternity leave, to see if she'll ok returning the deposit, but that has been their story for about a week and we've seen the owner at the facility (she quickly walked away and avoided my husband). I think they're just trying to string us along until our son's last two weeks are up and hoping we'll give up at that point.

Daycare Related - Am I being unreasonable?

I don't think that you are being unreasonable for asking for the deposit back but I also am not surprised that they are saying no. Deposits are normally non refundable.

Re: Daycare Related - Am I being unreasonable?

I find it surprising that so many are saying deposits are no refundable. Registration yes I heard of non refundable but not a deposit.

So the only way she can get the money is what telling them that her DC will only go for the 2 weeks she paid because if that's the case I would do that than or tell them to use it towards your son maybe keep him in for 2 weeks longer.

Daycare Related - Am I being unreasonable?

We thought about keeping our son in longer and telling them to use the deposit towards that, but he's really miserable there. He's never seemed to connect with the kids in his class, and his head teacher left, so it's been a changing rotation of the people who are watching him. We really want to get him back to his old daycare so he can settle back in there and be happy to go to school again.

Thanks for all the suggestion and opinions. I guess we'll have to just keep asking for it back. I just feel like from a good business perspective they should give it back. Before this we were leaving on good terms, it was just that the school wasn't working for our son and we want the infant in the same place. This daycare is in our community, where we not only live but we both work in it. I would think they'd want to leave things on good terms, but I guess I'd be wrong. They seem to have enough business that they don't care.

Daycare Related - Am I being unreasonable?

The paperwork from when I enrolled my son clearly states that the registration fee is non-refundable, which is $100 and much more reasonable. It does not state that the security deposit is non-refundable.

Daycare Related - Am I being unreasonable?

I wish you luck in getting it back. I will say, I paid a $100 deposit to be put on the wait list at my day care and another center (since it's hard to get into day care in NYC) --- we got into our school and never got in to the other (still haven't heard from them). Both deposits were non-refundable but I knew that going in.

Daycare Related - Am I being unreasonable?

The filing fee in small claims court is nominal (I think $15). I would go that route unless you signed something that says non-refundable.