Legal Question in Consumer Law in Florida

expiration of contract notice

I own a janitorial compnay and use open ended contracts that are terminated on 45 days notice. I have a customer who gave us a 45 day notice per his contrsact for services. His 45 days expried on 24th Nov 2006. In his notice letter he stated that he was having difficulties with the service and if matters were to improve her would consider rescinding the notice. I spoke woth my staff to rectify the problems and my opeartions manager has been in continual contact with him until the week before thanksgiving when he was away on a conference. I assumed at this point that the notice stood however upon talking to his maintainence manager he said that he had not heard anything but not to return the keys.On Monday my Ops Manager, Walter took the staff to the school and spoke to the superintendant. Walter asked him if everything was o.k and things and the superintendant repiled yes. He allowed the staff to continue service 4 days after the contract was to come to an end per the notice. This mornign he rand and asked for the return of the keys. He said he knew it was a few days over but never mind. I explained that his notice had expired and therefore the contract was reinstated and we require another 45 days. Who is right?


Asked on 12/01/06, 1:13 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: expiration of contract notice

close call. he owes you for the extra 4 - 5 days of work, for sure. If your contract requires the 45 days notice of termination in writing, then if he did not rescind the notice in writing, he is probably correct. If he is not required to rescind the notice in writing, then he did rescind and you would be right. But he will dispute the issue and it becaomes a swearing match that is not worth it to either one of you to pursue.

My 2 cents anyway.

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Answered on 12/01/06, 1:28 pm


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