Security deposit for a venue

If there's nothing in writing then you should definitely be able to get that deposit back. This is why contracts are so important.

Do you have any sort of contract at all with this venue?

Usually security deposits are non-refundable

That's why they are considered a deposit. Your contract should state something about the deposit though? Our stated that it would be relinquished in case of our cancelling and we would get it back if the place cancelled on us.

ETA: Also I'm thinking security as in - secure our date not pay for something we damaged

Verbal does not hold much weight anyways. If it's not in the contract, then a lawyer should be able to send a notice for a nominal fee. The question is why did you change your mind? If money was paid, you must have wanted the venue at that time.

Not neccessarily taking sides with the vender, but they may have very well turned down other client(s) for your wedding.

You might want to look into your state laws. I believe that sometimes "deposits" are refundable. I've been advised to change my verbiage from "non-refundable deposit" to "initial payment" because ours are not refundable.

You might want to ask one more time and then calmly state that you'll be contacting a lawyer. Then do it.

Threatening might be enough, and for sure a notice from attorney will be plenty. It's not worth their time, let alone money, to tie this up in court.

I've never heard of a venue having refundable deposits. Most deposits are not refundable when it comes to wedding vendors. This should have been stated in the contract but I still wouldn't expect to get anything back from them.

The thing is it was not stated in the contract or verbally, and yes we did get a contract. The only thing that it stated in regards to cancellations is if it was cancelled a certain number of days before the event, then they would "collect as liquidated damages" a certain percentage ranging from 100% to 30%. But that was it.

Unless they define how they do that percentage they can rightfully keep 100%. When you signed the contract you agreed to those terms. You maybe be able to talk them into a partial refund if they are able to book another event on your date but I wouldn't count on it. Sorry, I know that's not what you want to hear.

Actually, if it is called a deposit, it's different than a retainer, and if it's not in your contract, you may not be liable at all.

They defined the percentage as follows:
0-14 days 100%
15-21 days 50%
22-30 days 30%

However, it doesn't even state exactly what the percentage is based on (the minimum $3800 to be paid for the venue or the deposit).

Our wedding isn't until October 5th. So we canceled well before any of those time frames.

Do you have any family friends who are attorneys? attorneys of any kind really -- not even contract law... honestly it sounds like they are trying to pull a fast one on you... and maybe a polite courtesy call from the law offices of your friend mr. lawyer, might change their tune.

I think $1000 is worth not ignoring this issue. You guys had a deposit page, we didn't. If there'd been anything mentioned that the deposit was non refundable, I wouldn't make a big deal out of this. The word security deposit, IMO, doesn't necessary imply non-refundable unless stated which in our case it wasn't.

Give them another shot and if they don't want to give it back tell them you are contacting a lawyer...doesnt mean you will...but it might scare them into just giving it to you...just a thought

I think you will need to get a lawyer involved if you want your money back. The contract doesn't state its non-refundable, but it also doesn't state it is. There are several organizations which offer low-cost monthly legal assistance plans (https://www.legalshield.com/). Sometimes just a letter from on law firm letterhead is enough to get companies to back down.

I'm curious what your payment schedule was--this might give a clue to whether or not the $1000 should be refunded.

There was no set payment schedule. I was just told that the total amount was due 14 days before the event. After I paid the $1000 deposit, I paid an additional $2200 towards the total, and was told that I was only going to receive the $2200 back.

I just talked to the GM and his explanation was that 164 days that were off from my wedding date falls under the 30-day time frame. According to him, I should be paying $1100 based on 30% of the total $3800 due, but apparently they were doing me a favor by ONLY charging me $1000. HOGWASH!

Looks like I'm going to have to go over his head and contact corporate.

Thanks everyone for your input!! :-)

Judge Judy!!

I just wanted to update everyone. I was persistant with the hotel and they agreed to refund ALL of my money!! The GM said that they were wrong because of how the contract was worded and that he'd rather retain their good standing than to go through all of this!

So thank God I don't have to take the legal route, but I was very well prepared to if necessary!

Thanks everyone for your input!