How long does a preschool have to refund my deposit if I pulled my son out because all the teachers in his class of 27 students quit?

UPDATED: Oct 1, 2022

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How long does a preschool have to refund my deposit if I pulled my son out because all the teachers in his class of 27 students quit?

I was recently made aware that all of my son’s pre-k teachers quit just weeks

before school starts. It is part of a bigger problem with the owner as the whole

office staff has also left over the last 4-5 months. They will be out of ratio once

school starts. They have gone from having a staff of 11 to a staff of 4 which is

clearly not suffecient to care for 2 classes of 22-27 and 2 classes of 12-13. how long does the owner have by law to refund me? are there any additional steps I can take myself?

Asked on August 15, 2018 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They don't have to refund you, and you can't get your money back, until they are actually in breach of contract--not providing the legal services (i.e. meeting any ratios or requirements) you paid for. You write that they "will be out of ratio once school starts"--that means that they have not yet breached, since they have not begun providing the service (preschool) yet (since school has not started). Legally, you can't do anything until they are actually violating their obligations--not just that you anticipate them violating them. Once they are in breach, then if they won't return your money, you could sue them for it.

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