Inkeepers rights to evict a guest

A detailed Summary of Inkeepers rights to evict a guest


e. Objectionable character or improper conduct

f. Business competitors seeking to solicit customers

b. Actions to be taken under circumstances

Under certain circumstances an innkeeper has the right to withdraw hotel privileges and evict a guest. Evict means to remove someone from property. A hotel can evict a guest for nonpayment of a bill, overstaying, disorderly conduct, serious or contagious illness, or objectionable character. In addition to those conditions a hotel may also evict business competitors seeking to solicit customers under certain circumstances along with non-guests (Cournoyer, p. 356). The hotelkeeper must first make certain the person occupying the room is a guest and not a tenant. If the person is a tenant, than the above reasons for evicting them must be accompanied with a court proceeding.

The right to evict stems from the duty of the in


Sherry, John H. The Laws of Innkeepers. Ithaca, NY. Cornell University Press, 1972.

Since the distinction between a lodger and a tenant is often a shadowy one, in case of any doubt it would seem best to assume that a person who has resided in the hotel on a weekly or monthly rate basis for more than thirty days is a tenant, and to proceed against him accordingly (Sherry, p 99). This view is reinforced by the provisions of section 711 of the New York Real Property Actions and Proceedings Law, which states:

Cournoyer, Norman G., Marshall, A., Morris, K. Hotel, Restaurant, and Travel Law;

Physical force and harsh words should be avoided when evicting a guest. The innkeeper can prevent this by first informing the person that they are no longer welcome on the premises and that they need to leave. One way of informing the guest of eviction is by giving them a legal notice to vacate from the Am Jur Legal Forms 2d, 137:16. It's a more formal way of informing the guest the statute in which applies to them for the reasons of why they should leave. In addition to that form, if there is a situation in which a guest has refused to pay, there is a legal notice of lien sale supported by the Arizona Statute 33-951, and 33-952. The legal form 137:17 in the Am Jur Legal Forms 2d informs the guest there is a legal lien on their luggage until the unpaid bill is taken care of. The Arizona statute states the innkeeper may sell the luggage after four months if the bill is still unpaid.

Am Jur Legal Forms 2d, 137:16, and 137:17



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Approximate Word count = 2246
Approximate Pages = 9 (250 words per page double spaced)

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