Can a hotel have the police remove a long term guest whenever they please?

UPDATED: Dec 3, 2010

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Can a hotel have the police remove a long term guest whenever they please?

My family and I have been living in an extended stay hotel for 9 months; it is our only residence; we have our drivers license with this address. I was unable to pay my rent for this past 2-week period and the new manager says that she will have us forcibly removed by the police in the morning if we do not pay by tonight. Can she do this or does she not have to go through the eviction process? I never signed anything that said she can make us leave whenever she wanted. The only thing I signed was a form to make us tax exempt because we are long term guests.

Asked on December 3, 2010 under Real Estate Law, Colorado


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In a situation such as yours, you have protection under the law. Legally sufficient notice (i.e. notice to vacate)  must be given by the hotel, and less than 24 hours doesn't suffice.  Such notice must be written and, depending on just how often you pay rent, you must be given several days to up to a month to move. If you fail to leave by the date specified, then your landlord may start an "unlawful detainer" action (i.e., eviction proceeding).  The fact is that the police will most likely refuse to get involved.  Additionally, if your landlord tries to use some form of "self-help", such as changing the locks, shutting off utilities, or removing your personal belongings, you might actually be able to sue.

At this point put a call into legal aid, a law school clinic (if one is nearby), or a tenants' rights group.  They will be in a better position to inform you of your specific rights under applicable state law.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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