Room renters and shop owners rights?

[chanty123]

Hi guys, i dont know if anybody could help me, but just had to call it a day with my beautician who rented a treatment room from me. She paid me a deposit when she started, but there was no contract drawn up or signed.
She just walked out yesterday and has found a salon down the road from me and starts next week.

She has now contacted me demanding that i pay her deposit back to her. Is this right? surely the whole point of a deposit safeguards both of us.
I know i asked her to leave, but would still have let her stay and work her notice?

Has anybody else had a simialr experience and knows the rights and wrongs. your comments much appreciated.

 

[diamondpuppy]

You do not want to give back her deposit, do you? Be honest and give it away.

 

[topcuts]

what does this mean? what advice are you giving?

 

[Debs001]

I'm not quite sure but I would imagine that as you had no contract to say what the notice period was and if she didn't do any damage, it would be decent to give her deposit back.

 

[Lunarstorm]

Seeing as you said you asked her to leave and that you did not have a written contract, unless she has caused any damage to property, then the only decent thing to do would be to give her the deposit back.

At the end of the day, if you have asked her to leave, then she may have had no choice but to start at the new venue at a set date or lose the new venue totaly which would result in her being unable to work at all.

 

[wonderwoman]

This is when a contract is vital to use!!!!!
Many disputes over rental agreements are always given to a mutual party that assess whos given the deposit in the end.
I think you've asked her to leave.... did you specify a notice period?, prior when agreeing a rental agreement for deposit? Did you reiterate that when you have asked her to leave to work during said period of time. Is that deposit non refundable....?? Does the deposit work per monthly, per week? and is she allowed to use the deposit to cover rent or any damages to the property?

If the answer to majority of this is no, then you should give it back to her. Get yourself a contract drawn to protect yourself!!! xoxo

 

[chanty123]

Thank you all for your comments.

She went and got another room in another salon which is down the road the next day. Her rent was due next week, and wednesday was her last day, so she conveniently came back in and worked that day, never said anything about the deposit and walked. so as far as i was concerned she waived to her right to her deposit. she still has the key to my salon which she says she wont return unless i give her deposit back. I have asked her to work her notice but she refused.:?:

Whats the difference between me asking her to leave and her giving me notice, surely it works both ways as regards the deposit that the whole point of one isnt it.?

 

[persianista]

I would spend her deposit on getting the locks changed. Inform her first of this intention. You have lost out on rent, so if she didnt give you the agreed notice, the deposit is yours. I would get a locksmith out today, as the door to your salon is effectively unlocked right now.

 

[nicolaluise]

I agree with Persianista, who's to say she wont copy your key if she does return it?

 

[Kim Lawless]

If you asked her to leave, then you should pay her the deposit back.

Can you explain a bit more? On what grounds did you ask her to leave?

 

[Urban Geek]

On what basis was the deposit paid? You don't say why you asked the girl to leave. Did you make it clear when you asked her to leave that you wanted her to do a notice period? Did she cause any damage to the room?

If your arrangement seems so unclear that I am swayed to be on the side of the therapist and think you should refund her the depost and move on.

 

[chanty123]

We had a disagreement and although i asked her to leave didnt say to go there and then and expected her to work the notice, she didnt give me chance to talk to her about the deposit as she just packed her things and left.

Personally, i dont think i have grounds not to return the money as there was no contract. Morally i dont think she should have her money back as she has found somewhere else, and has left me in the lurch and i will now have to change the locks.

Thank you all for your comments and have definately learnt a lesson!!

 

[Kim Lawless]

We had a disagreement and although i asked her to leave didnt say to go there and then and expected her to work the notice, she didnt give me chance to talk to her about the deposit as she just packed her things and left.

Personally, i dont think i have grounds not to return the money as there was no contract. Morally i dont think she should have her money back as she has found somewhere else, and has left me in the lurch and i will now have to change the locks.

Thank you all for your comments and have definately learnt a lesson!!

I wouldn't change the locks as that's a bit extreme. After all if anything ever goes missing, you can just report it to the police who will question her.

If you asked her to leave, then I guess she felt awkward staying.

 

[chanty123]

Yes i know i still asked her to leave, but what if it been the other way around and she said she was going. she still would have expected to work her notice, and if i'd said leave there and then she was leaving she would have demanded her deposit back before she walked or made sure she worked it. It does all seem to me a bit one sided.