The rise in popularity of extended stay hotel arrangements has created a unique set of problems for Texas hotel operators. Texas laws have simply not kept up with the state’s changing hotel market. Now, when a hotel occupant creates problems for a hotel operator, removing that occupant is no longer as cut-and-dry as it once was. The Texas eviction process is frequently involved with such conflicts. Girling Law has designed an abbreviated eviction representation service specifically for Texas hotel operators. With the hotel operator’s assistance, our firm can often evict a hotel tenant for less than $1000.00, even where an eviction trial is required. This budget includes court costs.
Removal of a Hotel Guests and Hotel Tenants
When dealing with a hotel guest who refuses to leave, hotel operators have the right to use “self-help” to remove the occupant. In other words, operators may lock the hotel guest out of the room and remove the guest’s belongings. If such a hotel guest refuses to leave the room, hotel operators may enlist the help of local law enforcement to have the hotel guest removed by force, if necessary.
When a hotel operator is dealing with an occupant who meets the legal definition of a hotel tenant, things are quite different. This situation requires the hotel operator to use the Texas eviction process. The extended stay eviction process is often not a good option for hotel operators because of the length of time involved in the hotel eviction process. These evictions often take about six weeks, assuming the tenant does not exercise their right to appeal.
If you have questions about our firm’s extended stay hotel evictions, please give us a call at (469) 423-6828
When a Hotel Guest Become a Hotel Tenant
Texas law makes a clear distinction between how hotel operators may respond to a delinquent hotel guest and a delinquent hotel tenant.
While the response of a hotel operator to a delinquent hotel guest and a delinquent hotel tenant is rather clear, how to classify a hotel occupant as a hotel guest versus a hotel tenant is not so clear. Unfortunately, Texas law is of little help to hotel operators and Texas judges. Because of this, the answer ultimately lies in how your local law enforcement is willing to respond to a situation where an occupant’s status as a guest or a tenant might raise a question. Texas law currently places law enforcement in the position of having to interpret these guest-tenant laws. Of course, a Texas Sheriff’s job is really to enforce the law, not interpret it. Many hotel operators complain to us that their local law enforcement officials too often err on the side of determining a hotel occupant to be a tenant. Given the position Texas law places Sheriff and other law enforcement organizations in, it should be no surprise that the police choose to be extra cautious.
If you have questions about our firm’s extended stay hotel evictions, please give us a call at (469) 423-6828
How Hotel Operators Should Handle a Problem Hotel Occupant Where the Status as a Hotel Guest Versus an Extended Stay Hotel Tenant Is Questionable
Be aggressive. Do not negotiate with the occupant. DO NOT attempt to lock out a hotel occupant with a questionable guest-tenant status. Instead, you want to create a situation where either the occupant moves out voluntarily (even if this involves some distress) or where law enforcement removes the occupant for you.
Begin by contacting your local law enforcement and coordinate with them to come the unit the following day. On the day you called law enforcement (not the day the police arrive), approach the occupant and give them the time your law enforcement officer will be out to the unit. Explain to the occupant that you wanted to give them some time to leave on their own. Tell them they need to be out before the police come. Caution the occupant that, “You do not want our local law enforcement officers to remove you from this hotel….” Make it sound menacing!
DO NOT tell the occupant that you will have them arrested if they refuse to vacate the property. You risk committing a crime by doing this.
If your Sheriff or local police refuse to remove the occupant because they believe the occupant might be a tenant, simply start the eviction process. You may as well try to have a hotel occupant with a questionable guest-tenant status forcibly removed. They may get scared and move out voluntarily before the police arrive. That is a win for you! You might get lucky and end up with a Sheriff’s Deputy who is not at all bashful about applying a very broad definition of “hotel guest” to your occupant. If your local law enforcement forcibly removes your tenant, that is also a win for you!
Remember, if your local law enforcement team elects to deem your hotel occupant as a tenant, the worse that can happen is the Sheriff refuses to forcibly remove the occupant. That’s it…. That only means you have to initiate the eviction process. Your six-week eviction timeline is hardly affected by such an attempt to have law enforcement forcibly remove your problem occupant. You do not lose any rights by trying to forcibly remove the occupant and failing. I promise you: your Judge will not care when your occupant complains that the police refused to remove him! You only have something to gain by trying and failing to forcibly remove your tenant. And attempting costs you nothing!
If you have questions about our firm’s extended stay hotel evictions, please give us a call at (469) 423-6828
Specially Designed Legal Services for Extended Stay Hotel Evictions
A special eviction requires special eviction services. This is exactly what Girling Law offers to its extended stay hotel eviction clients.
Our firm understands that the rates your guests pay are very low compared to the expense of traditional eviction services. This is why we have created a tailored eviction service just for Texas hotel operators. In most cases, we can handle your eviction for less than $1,000.00.
If you have questions about our firm’s extended stay hotel evictions, please give us a call at (469) 423-6828