Quote:
Originally Posted by jamielynnbulls
Keep in mind: this "border" exception is written for hotels and rooming houses, as opposed to rental of a house or apartment. It's a fairly obsolete concept. Often obsolete concepts remain in the statute books, and on the other hand modern lifestyles aren't adequately addressed in the statutes.
Case in point: kicking out of roommates. I happen to be of the opinion that provisions in the land-lord tenant acts for the several states which prohibit self-help "ouster" of tenants, probably don't apply with respect to unwelcome houseguests. However most of the experts on this forum disagree with me. You should hope that the judge agrees with me, but I cannot guarantee it.
Here is how I would analyze the information you have given:
* Does the written agreement refer to itself as a lease and to payments as rent; no ---in a hotel it wouldn't be called "rent" probably.
* The length of time you have lived at the residence; 2 months--- sort of a long period for a hotel, wouldn't you agree?
* Whether the room is the only residence you have; yes --- in other words, you are not in the business of taking in guests.
* Whether you are residing there temporarily or for a long period of time; temporarily --- Same as above question about the length of time
* How often you pay rent: if you pay daily, you are likely a guest or boarder; not at all --- doesn't apply.
* Whether services such as linen service, switchboard service and maid service are provided; no-- - thus not a hotel. :)
...
* Whether you own the furnishings in the room; no --- Well, that is typical of a hotel situation.
* Whether the amount you pay includes tax; they don't pay anything--- so not applicable.
* Whether the person you pay has a business license. no --- indicates that you're not a hotel or bording house.
On the basis of all of this, I'm afraid it doesn't look like they are borders. Sorry.
