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"I have been living at a Hotel on Ft. Lauderdale beach for the last three months. The owner of the hotel insists I pay in advance on a weekly basis. If I tell her I am now going to pay in arrears can she immediately make me leave the hotel? I f the answer is no, how long does she have to wait and can she legally turn off the electricity in the hotel room? Please let me know. Thank you, Arnold Silverstein"
Hello A:
I'm an expert in residential landlord/tenant law.. It doesn't apply to hotels. However, if you pay weekly, in advance, this hotel would more than likely, be covered under your state landlord/tenant law... Until that happens, you're a hotel guest and would be covered under whatever law governs that aspect of the rental community..
Now, I DOUBT they can turn off your lights, primarily because I don't think they have the ability to turn off just one room. I don't think they could do it legally either, but I DO think they can just put you on the street, though.
Look. I'm sorry I haven't been more help, but it's not my area of expertise..
excon
I believe that a hotel can indeed toss you out for non-payment, UNLESS you have a lease contract. I found the following on this site: Hotel Liability: Encyclopedia of Everyday Law
Right to Evict Persons Admitted as Guests
Hotels may generally evict a guest and keep the room rental payment, despite the EVICTION, for the following reasons:
- Disorderly conduct
- Nonpayment
- Using the premises for an unlawful purpose or act
- Bringing property onto the premises that may be dangerous to others
- Failing to register as a guest
- Using FALSE PRETENSES to obtain accommodations
- Being a minor unaccompanied by an adult registered guest
- Violating federal, state, or local hotel laws or regulations
- Violating a conspicuously posted hotel or motel rule
- Failing to vacate a room at the agreed checkout time
Generally speaking, to avoid liability for evicting a guest, the guest must have refused to pay; or the innkeeper must reasonably have believed that the person used the room or premises for an unlawful purpose or brought a potentially dangerous object onto the premises.
Mr. Silverstein, if you have been living in the extended day hotel for more than 29-days, the law recognizes you as a residential tenant. The Landlord must adhere to chapter 83 of the Florida Statutes. The landlord cannot turn of your electricity. However, if you are under default of the lease agreement (by not paying according to the terms agreed), the landlord can evict you, again, pursuant to chapter 83 of the Florida statutes. If you have been living in the extended day hotel for less than 30-days, then you are legally considered a transient guest and the laws of chapter 509 of the Florida statues apply. Under 509, the hotel manager can lock you out of your room the date of your non-payment.
Jennifer A. Lizotte, Esq.
Sure they do. Simply go to the breaker box, find the breakers for that room, and turn them off. :rolleyes:Quote:
Originally Posted by excon
But of course they could get into all sorts of legal difficulty for doing so.
Specifically:Quote:
Originally Posted by lizottelaw
"83.42 Exclusions from application of part.—This part does not apply to:
...
(3) Transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging, or transient occupancy in a mobile home park.
... "
"509.013 Definitions.—As used in this chapter, the term:
...
1. “Transient public lodging establishment” means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.
2. “Nontransient public lodging establishment” means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests for periods of at least 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests for periods of at least 30 days or 1 calendar month.
...
(12) “Transient occupancy” means occupancy when it is the intention of the parties that the occupancy will be temporary. There is a rebuttable presumption that, when the dwelling unit occupied is not the sole residence of the guest, the occupancy is transient.
... "
I think OP could make the argument that both parties don't intend the occupancy to be temporary, therefore it isn't transient occupancy, and therefore Chapter 83 still applies.
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