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Commercial Lease Issue — event venue cancellation policy dispute

Started by confused_tenant_IL · Oct 18, 2023 · 1,551 views · 27 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
CT
confused_tenant_IL OP

I've been trying to resolve this on my own but I'm stuck.

event venue cancellation policy dispute. I've been dealing with this for about 8 months now and the situation isn't improving.

The contract was signed 4 months ago. I am not sure I have the original signed copy. The total amount in dispute is approximately $130,000.

Has anyone been through something similar? What worked for you?

DC
desperate_contractor_NY

Have you tried reaching out to your state's attorney general? They sometimes have free resources or mediation services.

AR
anon_renter_2024

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

MA
MusicProducer_ATL

I've seen this play out several times in my field.

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

LT
LandlordTom_TX

I've dealt with this before.

What worked for me was having everything documented. It took 3-6 months but was worth it.

CP
ContractLaw_Priya Attorney

Attorney here. Here's my take on the legal issues.

The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have UCC Article 2 years for this type of claim.

I'd recommend documenting everything in writing from this point forward. Keep copies of all communications.

RE
RemoteWorker_EU

Been there. Here's what I learned.

I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.

WE
worried_employee_advice

NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.

NL
NursePractitioner_LA

I've dealt with this before.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

CT
CryptoTrader_2023

I went through almost the exact same thing.

What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.

CT
CryptoTrader_2023

Been there. Here's what I learned.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

PB
PatentAgent_Boston

I've seen this play out several times in my field.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

NH
need_help_investor_NC

Have you tried reaching out to your state's attorney general? They sometimes have free resources or mediation services.

WD
worried_dev_question

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

RM
RestaurantOwner_Miami

Not a lawyer, but I have direct experience with this.

I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.

NB
newbie_buyer_2024

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

JC
just_curious_trader_FL

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

WT
worried_trader_advice

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

JC
just_curious_investor_legal

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

PN
Photographer_NYC

Been there. Here's what I learned.

In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.

FK
FreelancerKate

Not a lawyer, but I have direct experience with this.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

FT
first_time_driver_NC

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

FK
FreelancerKate

I went through almost the exact same thing.

In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.

BR
BrideToBeStressed

Booked a wedding venue 14 months in advance, paid $8,000 deposit. Had to cancel due to a genuine family emergency (serious illness). The venue's contract says deposits are "non-refundable" and we also owe 50% of the remaining balance ($12,000) because we cancelled within 6 months of the event date.

Is there any way to fight this? $20,000 total for a wedding that didn't happen feels unconscionable.

CT
ContractLaw_Teresa

Several potential arguments:

1. Liquidated damages vs. penalty: Courts distinguish between legitimate liquidated damages (a reasonable pre-estimate of actual harm) and unenforceable penalties. If the venue can rebook your date (especially with 6+ months notice), keeping $20K may be deemed a penalty. The venue's actual damages are the difference between your contract price and what they can get from a replacement booking — possibly zero.

2. Unconscionability: Some courts have found event venue cancellation clauses unconscionable, especially when the consumer had no meaningful bargaining power and the clause is buried in a lengthy contract.

3. Impossibility/impracticability: A serious family illness might support a defense of impossibility, though this is harder to argue for personal events vs. commercial contracts.

Start by writing a formal letter requesting a partial refund, citing your willingness to allow them to rebook the date. If they refuse, small claims court (up to $10K in most states) is a cost-effective option.

CC
CuriousCitizen

Security deposit success: got my full deposit back after sending a demand letter citing California Civil Code 1950.5. The landlord had taken 45 days to return it (law says 21 days) and didn't provide an itemized statement.

ADF
ArbDemand_Filed

Habitability issue tip: before withholding rent, check your jurisdiction's specific rules. Some states require you to give the landlord written notice and a reasonable time to fix the issue. Others allow repair-and-deduct. Don't just stop paying rent without following the proper procedure.