I think it's related, need advice - Landlord Forum thread

I think it's related, need advice by Dylon (Florida) on August 20, 2012 @17:53

just to be clear, I'm a motel owner not exactly a typical landlord. However i have ran into several scenarios which i had been told by the local law enforcement that i should look into the hiring lawyers for eviction process, and this is clearly where the Landlord and tenant act is applied.
here's what happened to those cases:
Basically,the guest stay for an extend period (usually less than 4 weeks ) paying a week in advance, there's no formal contract or anything, just an agreement on the motel policy. when the guest refused to paid or leave the property, we would call the sheriff to remove the guest. This is where the problems starts. Sometimes the deputies will agree to help to evict the guest, but other times , they will told us that we need to go through the legal process. From my understanding landlord and tenant act should not be application to public lodging services unless it's over a month or something like that,but the cops are just getting ridiculous with their excuses. Recently, our manager was trying to remove a unpaid guest and the response from the sheriff was that " although the guest has not stay very long, but i know she had been here on and off quiet often, she is basically a resident at here, there's nothing they can do." we are not even able to refuse the services.

I know this is a little different situation, but I am just getting so frustrated with all this BS. I just want some advice to protect myself. any help? Thanks

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Re: I think it's related, need advice by Micah on August 20, 2012 @19:21	[ Reply ]

Get a lawyer

Re: I think it's related, need advice by annonymous (California) on August 20, 2012 @19:40	[ Reply ]

getting a lawyer is an option but i would look up residential laws for your state. in Cali if someone lives in a place for two weeks and/or has their mail sent to that address then they are a legal resident and you have to go through the eviction proccess to get them out. Im sure all states and counties are different so you need to do some research before you start any legal proccess.

Re: I think it's related, need advice by Anonymous on August 20, 2012 @19:50	[ Reply ]

The sheriff is mistaken. Look up your county laws regarding hotel/motel guest. You might want to double check with a lawyer but you can just lock out the guest. 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: 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. 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. 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.4 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.

Re: I think it's related, need advice

Re: I think it's related, need advice by Dylon on August 20, 2012 @21:52	[ Reply ]

Thanks for the information. i am not exactly sure about the law, all i could find from the Google search that can be apply is chapter 509. When i called court house for assistant, their answer is to get lawyer too. Similar disputes have happened to several hotels/motels that i know of,and looks like the police does not want to deal with the mess. Just heard another reason" if they have belonging in the room, you can't kick them out.." What the law enforcement has done is completely diffident than what i can understand by reading those law.... Maybe the regulation is just different in Florida? or is it just gets too complicated when guest stay longer term?

Re: I think it's related, need advice