When Does a Hotel Guest Become a Tenant

A guest becomes a tenant if:

  1. The guest stays at the hotel for 30 days or more; and
  2. The guest has paid for all room charges owed by the 30th day.

*** Courts have found guests to be tenants even when the 30-day stay is not consecutive. Checking out a guest for one day and then checking them back does not avoid tenant status.

Hotel owners should provide the following to guests, but not tenants

  • Fireproof safe
  • Essential telephone service
  • Maid/ housekeeping
  • Mail service
  • Food establishment that is on or next to the hotel

Hotel managers have the right to:

  • Access guest rooms
  • Lock out guests who don’t pay room charges on time