Inkeepers Rights To Evict A Guest
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Inkeepers Rights To Evict A Guest
Outline
1. Intro
a. Definition
b. Innkeepers rights
2. Reasons to Evict
a. Nonpayment of a bill
b. Overstaying
c. Disorderly conduct
d. Serious or contagious illness
e. Objectionable character or improper conduct
f. Business competitors seeking to solicit customers
g. Non-guests
3. How to Evict
a. Legal forms
b. Innkeeper’s lien
c. Excessive force
d. Liability for wrongful eviction
4. Tenant vs. Guest
a. Guidelines of differences
b. Actions to be taken under circumstances
5. Conclusion
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 innkeeper to receive and provide adequate accommodations, without discrimination, to all who come in a fit condition to be received, who are willing and able to pay as long as the hotel has a room. If, after the guests’ admission, circumstances occur which would have justified the innkeeper in refusing to admit that person, the innkeeper has justification for evicting that guest (Kalt, p. 53). Once admitted, a guest is in a better position to demand the services of the innkeeper than when that person first applied for admission, but that alone does not secure the guest from being evicted (Sherry, p. 109).
Failure to pay a hotel bill is grounds for eviction. Ordinarily, the hotel makes a demand upon the guest for the amount of the bill and requests the guest to leave by a certain hour if the bill is not paid. The hotel has the right to evict immediately as long as the person is a guest, and not a tenant.
From the earliest times, the rule was that an innkeeper had the right to request payment before furnishing accommodations. By the nineteenth century, it had become customary not to require payment in advance, though the right to do so still remains (Sherry, p.114). A classic case on ejection for refusal to pay is Morningstar v ...
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