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  1. #1
    Join Date
    May 2011
    Posts
    2

    Angry Hotel Guest

    My question involves landlord-tenant law in the State of: California

    I am the General Manager at a hotel; I have had numerous problems with guests because over the winter we had a low monthly rate for guests starting at $700.00... With a $100.00 deposit. Free cable, free Internet, Free electric, free cleaning service, you can imagine the kind a people it brought to our business. With the hardship of the economy and the owner of the privately owned hotel going through bankruptcy, we decided to no longer honor these rates. This has caused a few long term guests to be uppity, and they are refusing to pay, the numbers in what they owe us are incredible. Us, the staff has asked them to leave on several occasions, we have called the police on several occasions to have them leave the property. The police claim that regular California Tenant Laws apply to these people, and they cannot tell the people to leave, saying we have to go through a legal eviction process, Is this true? The remaining Guests refuse to leave and refuse to pay!!We have already paid one thousand dollars for one couple leave the property without legal action!! WHAT DO I DO to try and help my workplace??

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Hotel Guest

    Well, the first thing you do is honor the rates that you quoted. Unless you put a specific limit on it, your guests are entitled to reasonable notice of a change in rate.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Hotel Guest

    You claim it is a hotel but you offer a monthly, and presumably long term, rental which looks amazingly like a standard residential tenancy. What do you claim is different that you should not be considered a standard landlord tenant situation?

    Hotels and motels
    if you are a resident in a hotel or motel, you do not have the rights of a tenant in any of the
    following situations:
    1. You live in a hotel, motel, residence club, or other lodging facility for 30 days or less, and your
    occupancy is subject to the state’s hotel occupancy tax.
    2. You live in a hotel, motel, residence club, or other lodging facility for more than 30 days, but
    have not paid for all room and related charges owing by the 30th day.
    3. You live in a hotel or motel to which the manager has a right of access and control, and all of
    the following is true:
    • The hotel or motel allows occupancy for periods  of fewer than seven days.
    • All of the following services are provided for all residents:
    - a fireproof safe for residents’ use;
    - a central telephone service;
    - maid, mail, and room service; and
    - food service provided by a food establishment that is on or next to the hotel or motel
    grounds and that is operated in conjunction with the hotel or motel.
    if you live in a unit described by either 1, 2 or 3 above, you are not a tenant; you are a
    guest. therefore, you don’t have the same rights as a tenant.
    For example, the proprietor of
    a hotel can lock out a guest who doesn’t pay his or her room charges on time, while a landlord
    would have to begin formal eviction proceedings to evict a nonpaying tenant.
    residential hotels

    Residential hotels

    You have the legal rights of a tenant if you are a resident in a residential hotel, which is
    in fact your primary residence.


    Residential hotel means any building which contains six or
    more guest rooms or efficiency units which are designed, used, rented or occupied for sleeping
    purposes by guests, and which is the primary residence of these guests.
    in residential hotels, a
    locking mail receptacle must be provided for each residential unit.
    it is unlawful for the proprietor of a residential hotel to require a guest to move or to check
    out and re-register before the guest has lived there for 30 days, if the proprietor’s purpose is to
    have the guest maintain transient occupancy status (and therefore not gain the legal rights of
    a tenant).8
    A person who violates this law may be punished by a $500 civil penalty and may be
    required to pay the guest’s attorney fees

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