Frequently Asked Questions
Can a hotel lock out a tenant who has lived there for more than a month?
No. If you have lived at a hotel or motel for longer than a month, the law sees you as a tenant, not merely an overnight visitor. A tenant cannot be locked out of their hotel. Rather, the hotel must file an eviction lawsuit and win in court before the hotel tenant can be removed. This is true whether you’ve stayed in the same room for the entire month, or if they have moved you to multiple rooms. The law is only concerned if you have stayed in the building for a month, not whether you’ve been in a room for a month. Once you become a tenant, the hotel must give you proper notice before requiring you to leave. If you have been at the hotel less than a year, the hotel only needs to give you 30 days’ notice. If you have been there longer, they must give you 60 days’ notice to move. If you ultimately don’t move, they cannot call the sheriff and drag you out. Rather, they must file an eviction lawsuit to have you removed.
Can a hotel terminate my tenancy for any reason?
If you have lived at the hotel or motel for over 30 days, you are a tenant. Under California law, the landlord can terminate your tenancy anytime within the first year. The landlord merely has to provide you with a written, 30-day notice to terminate tenancy and you must leave. However, if you have lived at the hotel for longer than 1 year, then the hotel cannot terminate your tenancy unless they have “just cause.” In other words, you have to do something really bad before the hotel can terminate your tenancy. If you are paying your rent, the hotel cannot terminate your lease if you have been there for longer than a year.
Can the hotel lock me out of my room?
No. If you have lived at the hotel or motel for over 30 days, you are a tenant. Tenants cannot be locked out of their rooms. The hotel cannot call the police and have you removed as a trespasser. That is completely illegal. Also, it is forcible entry or trespass for the landlord to come into your room without permission. Civil Code §1954(a)(2) and Code of Civil Procedure §1159 prohibit such actions.
Do I have to remain in the same hotel room for 30 days to become a tenant?
No. The law only requires you to reside within the four walls of the hotel for over 30 days to become a tenant. It doesn’t matter if you stayed in one room, or were moved to a different room.
Can the hotel turn off my room key to force me to move out?
No. If you have been there for over 30 days, it is illegal for the hotel to use any means other than going to court to lock you out. The hotel cannot turn off your room to prevent you from having access to your room.
Can a hotel call the sheriff to remove a long-term hotel guest?
No. If you have lived at the hotel for at least 30 days, you are now legally considered a tenant. A hotel cannot call the sheriff to remove you. Rather, the hotel must file an eviction lawsuit to have you removed. If the hotel has you removed by the sheriff without first taking you to eviction court, the hotel can be sued for an improper eviction.