If I own a restaurant inside a hotel, can the hotel owner legally lock the doors to this entrance during my hours of operation?

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If I own a restaurant inside a hotel, can the hotel owner legally lock the doors to this entrance during my hours of operation?

I have leased the restaurant, kitchen and bar from the hotel owner. My liquor license covers the bar, restaurant and hotel lobby. The public entrance to the hotel is also the public entrance to my bar and restaurant.

Asked on December 28, 2015 under Real Estate Law, Vermont

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you lease the space, the landlord is obligated to allow you access to it at any time of day or night; and if they (presumably) knew you were leasing the space as a restaurant, must allow you to operate it as a restaurant. So unless it is in the lease you signed that the hours of access are limited (if it was in the lease, that restriction would be legal and enforceable), they have to allow you to access and use your space during restaurant hours, and if they don't or won't, you could take legal action to force them to do so.


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