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I cancelled my wedding that was supposed to take place in…

I cancelled my wedding that...
I cancelled my wedding that was supposed to take place in September 2018. I had put down a $1000.00 deposit on a venue and signed a contract in August of this year. I cancelled the wedding last month. My contract states that "if I cancel my event -1 to 31 days prior to the event, i would loose half of the rental fee (rental fee being a base price of $2000, which is also the amount of the deposit I paid); and if I cancelled 30 days or less prior to the event, I would loose the entire rental amount". I feel like I have given her plenty of notice of cancellation and that she should be able to work with me. She claims there has been a lot of interest in the venue for the month of Sept, and she claims that i might be able to get some of my money back if someone rents it out. Is this unreasonable? I feel like with such advanced notice that I should be able to get my money back. I don't even know if she has rented it out or not either. I haven't heard from her. I don't even know if she is trying to rent it out again. She was hesitant to even rent it to us to begin with because the date (9-1-18) is labor day weekend and normally she said her family goes camping.
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Answered in 3 minutes by:
11/22/2017
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 38,737
Experience: Attorney with 30 years of experience representing landlords and tenants.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Is there anything stating the deposit forfeiture is liquidated damages?

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Customer reply replied 7 months ago
I'm not sure I understand what you mean

Is the forfeiture of the deposit meant to be the exclusive remedy for a default?

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Customer reply replied 7 months ago
Ilthats what it states in the contract but she basically said that if it's rented out I would get some of my money back. I was reading that if the contract favors one side more than the other in an unreasonable way that I may be able to get out of it though. And also I read were I thought that if they did rent it out, they had to give your money back

Thank you for the additional information. I am sorry for the dilemma you are in.

If they are able to rent out the space then you should receive a refund, as they have no damages stemming from your cancellation.

If they refuse, you can sue them in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 7 months ago
Is there a time limit as to when they have to rent it out in order for me to receive my money back, or it doesn't matter when they rent it, as long as they do?

They have until the date you requested. Once they rent it out you can demand they return your money or sue them if they refuse.

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Did you have further questions? Have I answered your question?

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Customer reply replied 7 months ago
basically I should just periodically check in with the lady to see if it's been rented? Also, what if she doesn't rent it out? I am wondering if she is even trying to rent it out? Could I take her to court if I have suspicion that she hasn't even tried? I've recently found out that there have been multiple complaints about her filed with out chamber of commerce as well as a girl contacted me to tell me that her cousin had to get a lawyer against the lady because she tried to tack on an additional $1200.00 fee after this girl got married. It was something that was not agreed upon apparently.
keep checking with the venue. If you suspect they have rented it but they are not confirming it then you can go ahead and sue them.
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Customer reply replied 7 months ago
Good deal, thank you for all your help. Happy thanksgiving :)

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Thank you!

Loren

Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 38,737
Experience: Attorney with 30 years of experience representing landlords and tenants.
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