Kicked Out of a Hotel Over Noise Complaints

My question involves a consumer law issue in the State of: Missouri

Me and a few friends were staying in a hotel just outside of St Louis for a night and we were kicked out around 3am for being loud. They called the room and told us to quiet down or else, within a few (maybe 5) minutes I decided to walk and get food and thats when I see the cops pull up. I go back in and they tell us we need to leave, so we do.

The cops leave before we drive off, that's when I go back and ask if we were still being charged for the room. The front desk person says yes and then calls the police again to try and get me arrested for trespassing lol.

My question is can they legally charge us for the room? There was no service rendered so it would make sense that to kick us out they would also need to refund the money?

I'm not paying $200 for a room we didn't use. We shouldn't even been kicked out cause we weren't being that loud (honestly) and the timing of the cops showing up is really fishy. There's no way after our warning they wanted a fair time and then called the cops, they obviously called them when they called our room. That's besides the point though.

What can we do about getting our money?

Yes, I have kicked many people out of their rooms for violation of noise rules and drug use in the past. You disturbing the peace does not change the fact you had use of the room until being kicked and thus owe for it.

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Quoting jkl1234

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My question involves a consumer law issue in the State of: Missouri

Me and a few friends were staying in a hotel just outside of St Louis for a night and we were kicked out around 3am for being loud. They called the room and told us to quiet down or else, within a few (maybe 5) minutes I decided to walk and get food and thats when I see the cops pull up. I go back in and they tell us we need to leave, so we do.

The cops leave before we drive off, that's when I go back and ask if we were still being charged for the room. The front desk person says yes and then calls the police again to try and get me arrested for trespassing lol.

My question is can they legally charge us for the room? There was no service rendered so it would make sense that to kick us out they would also need to refund the money?

I'm not paying $200 for a room we didn't use. We shouldn't even been kicked out cause we weren't being that loud (honestly) and the timing of the cops showing up is really fishy. There's no way after our warning they wanted a fair time and then called the cops, they obviously called them when they called our room. That's besides the point though.

What can we do about getting our money?

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Pray? Wish? Bribe Santa?

Because legally, they're absolutely entitled to do what they did.

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And my, my, my - you're quite the rude little thing, aren't you?

Post hx folks ;)

My record is 61 teens at once. I had them pouring out 2 front exits into the street and a city police officer was at the front desk when I got there with a 17 year old I had lassoed underage in her room. He thought the place had caught fire or there was some other emergency. The front desk supervisor just kind of shrugged and said the manager went to handle a noise complaint and this was the result. When I came into the lobby behind the last of them, he just kind of looked confused and walked out. Then I took the 17 year old in tears and made her call her mom n dad who had put the room in their name to explain why I was throwing her and her 2 girlfriends out. Of course after the tearful and stern conversation she had with her dad, it was made clear she was under my authority for the rest of the night if they were going to stay in that room.

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Quoting Dogmatique

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Pray? Wish? Bribe Santa?

Because legally, they're absolutely entitled to do what they did.

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And my, my, my - you're quite the rude little thing, aren't you?

Post hx folks ;)

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Darned right they have the right to charge you. And if they sue you for it, they'll win.

YOU are not the one who gets to decide how loud is too loud. And legally? They don't have to give you any warnings at all.

OK, well I've read online in certain states a hotel can't throw you out if you've already paid. Didn't know how true that was?

And if its true that they can kick you out for any reason they want and still make you pay I think that sets up terrible, unlawful things being done. Not many businesses where you can stop your service half way though for whatever reason and still get paid lol. And there's a good reason for that.

It was their decision to end the service not ours, there weren't any laws being broken, we shouldn't have to pay.

You were disturbing other guests. Quality establishments will give out free breakfast etc, or if an active club member go so far as to comp their room because of idiots making noise at 3 am. They are running a business, not a party club.

It's not true.

And no one said they could kick you out for any reason they want and still make you pay. You were told they could kick you out because in their judgement you were disturbing the other guests. That's not "any reason they want".

It's not YOUR judgement on the amount of noise that matters. You have no way of knowing how many calls the front desk received complaining about you. They do.

Where did you get the idea that you had to be breaking a law before you could be kicked out? Or that if you weren't breaking any laws and got kicked out you couldn't be made to pay for the room? Not at all true, pal. Not at all true.

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Quoting jkl1234

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OK, well I've read online in certain states a hotel can't throw you out if you've already paid. Didn't know how true that was?

And if its true that they can kick you out for any reason they want and still make you pay I think that sets up terrible, unlawful things being done. Not many businesses where you can stop your service half way though for whatever reason and still get paid lol. And there's a good reason for that.

It was their decision to end the service not ours, there weren't any laws being broken, we shouldn't have to pay.

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Well you obviously read the wrong thing. They can evict guests under certain circumstances and keep the money.

You were likely disturbing the peace. The hotel has a duty to its guests to maintain reasonable quiet and safety and the law supports the right of management to evict you. Obviously, if there were complaints, you were louder than you think you were.

But, judging by your other posts, it's clear that concern for others is not one of your priorities.

I didn't come looking for personal opinions on the matter (especially from biased hotel employees) I came looking for specific laws stating what they could and could not do. I know there is a set of laws covering this but I can't find them. I was hoping someone knew.

You ask where I get the idea that they can kick you out for anything? I got it from the posts in this thread. Y'all say its up to their discretion on what's too loud or annoying. That means ANYTHING they want.

Say all the rooms are in use when a family comes looking for a room. The racist manager sees a chance to kill to birds with one stone. He calls the black couple that checked in a few hours before, tells them they're being too loud and makes them leave. He keeps their money and gets paid by the family taking their room. See how this power y'all say hotels should have is a bad thing?

If you kick someone out for something other than illegal activities then you should be required by law to refund the money. That's my opinion, and its not an unreasonable one.

Oh, and by the way. I wasnt the one being loud, the other two people staying in the room were the ones talking a little too loud apparently.

If anyone has actual laws on this subject I would love to see them, no matter what they say.

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Quoting jkl1234

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I didn't come looking for personal opinions on the matter (especially from biased hotel employees) I came looking for specific laws stating what they could and could not do. I know there is a set of laws covering this but I can't find them. I was hoping someone knew.

You ask where I get the idea that they can kick you out for anything? I got it from the posts in this thread. Y'all say its up to their discretion on what's too loud or annoying. That means ANYTHING they want.

Say all the rooms are in use when a family comes looking for a room. The racist manager sees a chance to kill to birds with one stone. He calls the black couple that checked in a few hours before, tells them they're being too loud and makes them leave. He keeps their money and gets paid by the family taking their room. See how this power y'all say hotels should have is a bad thing?

If you kick someone out for something other than illegal activities then you should be required by law to refund the money. That's my opinion, and its not an unreasonable one.

Oh, and by the way. I wasnt the one being loud, the other two people staying in the room were the ones talking a little too loud apparently.

If anyone has actual laws on this subject I would love to see them, no matter what they say.

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Your opinion counts for exactly...nothing.

Once again, the hotel is within its rights to evict a bunch of noisy idiots who don't know how to compose themselves.

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Quoting Dogmatique

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Your opinion counts for exactly...nothing.

Once again, the hotel is within its rights to evict a bunch of noisy idiots who don't know how to compose themselves.

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OK, and your opinion counts just the same.

Any actual laws backing up this "right"? The longer no one posts a real law or anything other than their opinion the more I I'm starting to believe there isn't one.

You signed a contract. You breached a contract. They get to keep the money.

And here's the law, just for you:

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Hotel operator may eject person, when.

315.075. An owner or operator of a hotel may eject a person from the hotel and notify the appropriate local law enforcement authorities for any of the following reasons:

(1) Nonpayment of charges incurred by the individual renting or leasing a room, accommodations or facilities of the hotel when the charges are due and owing;

(2) The individual renting or leasing a room, accommodations or facilities of the hotel is visibly intoxicated, under the influence of alcohol or other drug and is disorderly so as to create a public nuisance;

(3) The owner or operator reasonably believes that the individual is using the premises for an unlawful purpose;

(4) The owner or operator reasonably believes that the individual has brought something into the hotel which may create an unreasonable danger or risk to other persons, including but not limited to unlawful use of firearms or explosives; and

(5) The individual is in violation of any federal, state or local laws or regulations relating to the hotel.

(L. 1998 S.B. 526)

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http://www.lodgingmissouri.com/laws_...person,%20when.
:stupid:

Your welcome. BTW I have managed in multiple states.


http://www.moga.mo.gov/mostatutes/st...500000751.html

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Hotel operator may eject person, when.

315.075. An owner or operator of a hotel may eject a person from the hotel and notify the appropriate local law enforcement authorities for any of the following reasons:

(1) Nonpayment of charges incurred by the individual renting or leasing a room, accommodations or facilities of the hotel when the charges are due and owing;

(2) The individual renting or leasing a room, accommodations or facilities of the hotel is visibly intoxicated, under the influence of alcohol or other drug and is disorderly so as to create a public nuisance;

(3) The owner or operator reasonably believes that the individual is using the premises for an unlawful purpose;

(4) The owner or operator reasonably believes that the individual has brought something into the hotel which may create an unreasonable danger or risk to other persons, including but not limited to unlawful use of firearms or explosives; and

(5) The individual is in violation of any federal, state or local laws or regulations relating to the hotel.

(L. 1998 S.B. 526)

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http://www.moga.mo.gov/mostatutes/st...400000102.html

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Until December 31, 2016--Peace disturbance--penalty.

574.010. 1. A person commits the crime of peace disturbance if:

(1) He unreasonably and knowingly disturbs or alarms another person or persons by:

(a) Loud noise; or

(b) Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient; or

(c) Threatening to commit a felonious act against any person under circumstances which are likely to cause a reasonable person to fear that such threat may be carried out; or

(d) Fighting; or

(e) Creating a noxious and offensive odor;

(2) He is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:

(a) Vehicular or pedestrian traffic; or

(b) The free ingress or egress to or from a public or private place.

2. Peace disturbance is a class B misdemeanor upon the first conviction. Upon a second or subsequent conviction, peace disturbance is a class A misdemeanor. Upon a third or subsequent conviction, a person shall be sentenced to pay a fine of no less than one thousand dollars and no more than five thousand dollars.

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http://lawdigest.uslegal.com/travel/...mittedAsGuests

Any more questions?

I will never forget the front desk phone call from a guest who complained they had found a roach in their room. The desk clerk called me from the back room to handle they matter. Having seen friends requesting their room number, I notified the guest we sprayed regularly just to maintain standards and asked if the quests who had recently come to visit them might be the source rather than a failure on the part of the property. They requested I hold, discussed it with their friends and came back and apologized saying their friends confessed they were living with the issue.

Dis, you and I ought to get together and compare war stories.

Thanks for that, a few things though.

None of those 5 things apply to us
1. We paid
2. We weren't visibly intoxicated, and they never claimed we were
3. We weren't there for illegal activities
4. We didn't have any weapons or anything
5. We weren't breaking any laws

If you're trying to say we broke the peace disturbance law lol. Those laws are always the most unconstitutional trash laws on the books. I've been arrested and charged with that before. All I had to do was point out to the prosecutor the unconstitutional nature of the law and supreme court rulings on cases/laws that were similar and he dropped the case. The supreme court takes the 1st amendment very serious 😊

And even IF they had the right to kick us out do they have the right to keep the payment for a service that was not completed? That's my question, one I can't find an answer to. It makes no mention of it in what was posted.

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Quoting cbg

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http://lawdigest.uslegal.com/travel/...mittedAsGuests

Any more questions?

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Yeah, does this help my case? Lol

"Generally speaking, to avoid liability for evicting a guest, the guest must have refused to pay; or the innkeeper must reasonably have believed that the person used the room or premises for an unlawful purpose or brought a potentially dangerous object onto the premises."

So take your case to the Supreme Court arguing you were not disturbing the peace. I believe once the police department gets wind of it, they will file charges as it will be within the statute of limitations. Properties do not want guests prosecuted, they want them out. Arrests are bad for business. I once had the police on site for a suite eviction due to marijuana. There was no doubt of the smell however the police simply waited patiently while the guests packed and left the suite. There was no search or investigation for drug charges. No record of a problem at my property.

Given that you clearly don't understand the first teeny bit of Constitutional law, it's probably best that you quit while you're ahead.

Don't forget to tip the concierge.

:playful:

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Quoting Dogmatique

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Given that you clearly don't understand the first teeny bit of Constitutional law, it's probably best that you quit while you're ahead.

Don't forget to tip the concierge.

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Clearly

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We weren't breaking any laws

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You were undoubtedly breaking hotel policy, which you agreed to abide by when you checked in. Every hotel I've ever stayed in - even youth hostels! - require that you STFU after 9PM or so, on pain of being bounced out on your ass without a refund.

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Quoting jkl1234

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Thanks for that, a few things though.
And even IF they had the right to kick us out do they have the right to keep the payment for a service that was not completed? That's my question, one I can't find an answer to. It makes no mention of it in what was posted.

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That depends on the terms of the contract you had with the hotel. As I've not read it, I cannot say whether you had any right to a refund. Generally, though, in those contracts I have seen, if a hotel guest breaks the contract by, for example, being loud, causing a disturbance, etc., the hotel may kick them out and need not give a refund because it was not the hotel that was in breach, it was the guest who breached the contract. But feel free to sue the hotel in small claims court for a refund if you want.

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Quoting LawResearcherMissy

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You were undoubtedly breaking hotel policy, which you agreed to abide by when you checked in. Every hotel I've ever stayed in - even youth hostels! - require that you STFU after 9PM or so, on pain of being bounced out on your ass without a refund.

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But the law posted did not say breaking hotel policy was a valid reason to be kicked out. It set a guideline of things, and that didn't include a 9PM shut up law.

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Quoting Taxing Matters

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That depends on the terms of the contract you had with the hotel. As I've not read it, I cannot say whether you had any right to a refund. Generally, though, in those contracts I have seen, if a hotel guest breaks the contract by, for example, being loud, causing a disturbance, etc., the hotel may kick them out and need not give a refund because it was not the hotel that was in breach, it was the guest who breached the contract. But feel free to sue the hotel in small claims court for a refund if you want.

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The law limits what the hotel can do right? They can't say "no niggers allowed " and get away with it legally. That's why theres inn keeper laws?

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Quoting jkl1234

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But the law posted did not say breaking hotel policy was a valid reason to be kicked out. It set a guideline of things, and that didn't include a 9PM shut up law.


The law limits what the hotel can do right? They can't say "no niggers allowed " and get away with it legally. That's why theres inn keeper laws?

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Still at it with your sad sob story are ya?

That n-word comment is discrimination based on a protected status. Noisy jackass (you, son) is not a protected status.

But you are free to sue them in small claims or contact your card company and tell them to stop payment.

Good thing I wasn't next door. I'm a big grumpy merchant seaman who likes his sleep and you and your silly nancy-boy friends would have been drinking a nice steaming cup of STFU.

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Quoting geek

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Still at it with your sad sob story are ya?

That n-word comment is discrimination based on a protected status. Noisy jackass (you, son) is not a protected status.

But you are free to sue them in small claims or contact your card company and tell them to stop payment.

Good thing I wasn't next door. I'm a big grumpy merchant seaman who likes his sleep and you and your silly nancy-boy friends would have been drinking a nice steaming cup of STFU.

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Sob story? Im looking for legal clarification.

Freedom of speech is also protected. 1st amendment :-).

I would've welcomed that over an anonymous call to the front desk like bitch.

Nacy-boy lol :cool:

Freedom of speech means the government cannot restrict your speech. It does not mean that the hotel cannot throw you out for causing a disturbance. Your Constitutional knowledge is clearly as deficient as your knowledge of how the law works.

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Quoting cbg

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Freedom of speech means the government cannot restrict your speech. It does not mean that the hotel cannot throw you out for causing a disturbance. Your Constitutional knowledge is clearly as deficient as your knowledge of how the law works.

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You clearly don't get the point I'm making. Hotels have their own set of laws they have to follow, those laws have been posted in this thread. No where in those laws does it say they can kick you out for being loud. The closest it comes is when it gives them the right to evict because of a federal or local law being broken. Some people are trying to say a peace disturbance law was broken so that's where the 1st amendment comes into play.

Boom, lawyered!

The First Amendment does NOT come into play since nowhere in your tale is THE GOVERNMENT trying to restrict your speech.

What's more, there doesn't have to be a law giving them permission to kick you out for being loud. It's legal because no law prohibits them from doing so. However:

http://www.cga.ct.gov/2000/rpt/2000-R-0859.htm

Laws against loud conduct rising to the level of disturbing the peace or disorderly conduct are also consistent with the First Amendment.

Now that we have covered noise complaints, I once had a room steal the damn smoke detector from a hall ceiling. I had police and fireman there because I could not get them to admit they stole it and it took time to find the spare and install it. Had the entire place awake. The police scared them enough saying they were going to come back with a warrant if it did not reappear, when I came back with the spare, it was laying in the hall.

"A hotel owner may eject a person and notify the appropriate law enforcement authorities when (1) the guest does not pay for his room, (2) the guest is visibly intoxicated and disorderly, (3) the owner reasonably believes the guest is using the premises for an unlawful purpose, (4) the owner reasonably believes the guest brought something into the hotel that may create an unreasonable danger or risk to others, or (5) the guest has violated a federal, state, or local hotel law or regulation."

No where does it say they can evict for being loud. The closest it comes is #2 but that starts of with "visibly intoxicated " which we were not.

If MO law was the same as Montana's then they would have had the right to kick us out.

"An innkeeper may evict anyone who: (1) is intoxicated or disorderly and disturbing other guests; (2) destroys, damages, defaces, or threatens harm to hotel guests or property; (3) seeks to use the premises for an unlawful purpose; (4) seeks to bring into the hotel an unlawfully possessed firearm or object that is unlawful to possess and that may be dangerous to others; (5) allows a hotel room to be filled beyond its capacity; or (6) refuses to abide by reasonable hotel standards or policies."

#1 says intoxicated OR disorderly and disturbing guests, and then there is also #6.

You hold that thought when they press charges and have you arrested for disturbing the peace. Read my post number 14.

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Quoting Disagreeable

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You hold that thought when they press charges and have you arrested for disturbing the peace. Read my post number 14.

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And that's where the 1st amendment comes into play, our noise wasn't about to start any type of physical disturbance or put anyone/thing in danger. The cops were there and didn't arrest anyone (or even threaten it) and we all know how cops will arrest people for ANYTHING they can (even if they're not breaking the law).

No law was broken, its really simple.

What rights do you believe the First Amendment gives you that apply here? Because there is NO First Amendment issue here and the sooner you get that through your extra-thick noggin, the better off you'll be.

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Quoting jkl1234

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And that's where the 1st amendment comes into play, our noise wasn't about to start any type of physical disturbance or put anyone/thing in danger. The cops were there and didn't arrest anyone (or even threaten it) and we all know how cops will arrest people for ANYTHING they can (even if they're not breaking the law).

No law was broken, its really simple.

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How much had you and/or your friends been drinking that night??

If you are so confident, take the hotel to Small Claims Court for the cost of the night's rental and then report back to us in a few months or a year with the results. Let us know how that turns out for you.

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Quoting cdwjava

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How much had you and/or your friends been drinking that night??

If you are so confident, take the hotel to Small Claims Court for the cost of the night's rental and then report back to us in a few months or a year with the results. Let us know how that turns out for you.

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But what will he do when the hotel tells the judge that they were kicked out because they were disturbing the peace while drunk and belligerent and on the police report it states that alcohol was contributing factor?:)

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Quoting Who'sThatGuy

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But what will he do when the hotel tells the judge that they were kicked out because they were disturbing the peace while drunk and belligerent and on the police report it states that alcohol was contributing factor?:)

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Continue to allege he had a First Amendment right to disturb others, I suppose.

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Quoting cbg

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What rights do you believe the First Amendment gives you that apply here? Because there is NO First Amendment issue here and the sooner you get that through your extra-thick noggin, the better off you'll be.

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Some are saying they had the right to evict because we broke a law. That law would be a peace disturbance, and the high courts are VERY clear on their views on those types of laws and the protection the 1st gives people to annoy others.

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Quoting cdwjava

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Continue to allege he had a First Amendment right to disturb others, I suppose.

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We all do lol, typical cop. Posts in this thread are disturbing the hell out of me, should all y'all be arrested? I think not.

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And that's where the 1st amendment comes into play

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LOL, no.

The First Amendment reads "CONGRESS shall make no law [...]".

It does not apply to owners of private property, who can tell you to STFU AND enforce it. Just because you want to take a dump in my living room, doesn't mean you can cry "First Amendment" when I whup you for abusing my hospitality. There's no law against taking a dump in my living room, but I get to enforce my rules on my property and kick you out the door.

That's what the hotel owner is doing - enforcing its rules on its property. Its rules include "Shut the barking hell up, you nitwit, or we'll boot you." You agreed to the hotel's rules when you checked in, the hotel gets to enforce them. You lose.

You're too much work to babysit. Off you go.