Does a hotel resident have legal rights regarding eviction?

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Does a hotel resident have legal rights regarding eviction?

I have been at a resident hotel for 1 1/2 years and now have a problem paying the rent, this week. Do I have legal rights? Over the past year I have always paid early, however since loosing my job I am waiting on my first approved unemployment direct deposit. Also, the hotel just raised the rate by 20% with no notice. I have been tax exempt for over a year and my permanent address where my mail comes (as well as what’s on my driver’s license) comes to my hotel address.

Asked on September 3, 2010 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In certain states, such as California, residents of hotels have the same rights as "regular" tenants.  You are considered a "temporary" tenant and different organizations and laws can apply, like consumer laws as well as landlord tenant laws.  It is my understanding that temporary residences and thus temporary residents like yourself, are covered by the law in Florida if the residence ir permanent or indefinite AND the resident has no other residence.  You may, then, not be afforded the protections that cover these dwellers with your reference here to your "permanent" address.  I would speak with an attorney or a tenant's rights organization in your area. Try also a little negotiations with the manager or the owner to buy you some time.  Good luck.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you can't pay the rent, you are in breach of you lease and the landlord--in this case, the residential hotel--has the right to evict you. Whether or not you paid early previously, or how long you've lived there, or how much you've made your residence there part of you life, simply doesn't matter: there is a continuing contractual relationship, under which you pay rent and in return may reside there. When you breach that contract, the hotel is no longer obligated to allow you to stay.

Landlords of all stripes may raise the rent, or rate, unless there is specifically some term in a contract preventing them. They may otherwise raise it as much as they like, with only whatever notice is required by the lease or other arrangment.


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