Guests should not be in the same room for more than 30 days. It is best practice to have the guest switch hotel rooms and keep reservations shorter than 30 days to avoid the guest from becoming a tenant. When a guest stays in a room longer than 30 days, they become a tenant and tenant law applies. To avoid this have the guest switch rooms and sign a new registration form. This is beneficial allowing your hotel to properly clean the guest room after a long period of use.
When can I evict a guest?
If the guest is in your hotel for less than 30 days then you have the right to evict for these reasons only. This does not include the right to discriminate based on race, religion, ethnicity, etc. (United States v. Allen, 106 F.3d 695, 699 (6th Cir. Ky. 1997))
- Refusal to pay his bill;
- Fraud;
- Becoming obnoxious to the other guests by his/her own fault;
- Becoming a person of general bad reputation; or
- Behaving in a disorderly manner
- Illicit activities
- Policy non-compliance
How do I notify the guest?
The Fourth Amendment continues to protect a guest until the hotel staff takes action to commence eviction. The following actions have been identified as sufficient to constitute the commencement of eviction, and thus the extinguishment of Fourth Amendment protections:
- Locking the guest out of his room, as long as it is for the purpose of eviction.
- Contacting the police for their assistance in physically evicting the defendant.
Removal of the guest’s belongings from the room, a note left on the door informing the guest that he/ she had been evicted. It is important to note if you remove guest property from the room take video and picture evidence and document every item collect in the event the guest files a complaint of theft or damages. If a guest is in the room, hotel staff telling the guest that he/she was evicted, or some combination of the above is acceptable. Allow a reasonable amount of time for the guest to vacate the property.
What if the guest refuses to leave?
At this time it is best to contact your local law enforcement. They will assist in evicting a guest so long as you follow the procedure above. If you have a blocking key card or cut a new key card for the room to lock the guest from entering the room again. This creates a bailment situation where the guest property is held. Make sure all their property is kept to avoid any allegations.
Guest has left what now?
At this point it is best to document your experience with the guest with dates and times of issues and when the guest was notified and evicted. The objective of the documentation is to avoid any legal doubt in the event of retaliations. You are allowed to document and protect yourself from future harm because of the privacy policy accepted by the guest at the time of reservation.
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