Do you operate your business under a different name than the company name that owns the business? Example: Ownership entity is Om Hospitality Inc., but the business is called Sleep Inn. If your answer is yes, then you must register your fictitious business name. DBA is always required in California when a sole proprietor, or any other…
Continue reading…New Lawsuit Wave – Tenant Class Actions
DPA Attorneys is seeing a wave of tenant class action lawsuits. Hotels are being sued for their check-in and check-out policies of avoiding guest tenancy status. Under California law, a person who occupies a motel or hotel room as his or her primary residence for 30 or more days becomes a tenant and has certain…
Continue reading…Hotel City Code Violations
City officials are cracking down on building code violations. A number of hotels in the last year have been targeted by city inspectors for “dilapidated” conditions. These conditions include exposed electrical wiring, leaking plumbing, unpainted walls, trash debris in the parking lot, inoperable smoke detectors, etc. The city is deeming buildings unsafe and dangerous in…
Continue reading…LA Hotel Worker Protection Ordinance
Panic Buttons A panic button device must be given to all employees working in guest rooms or where other employees may not be present. We would advise these devices be given to all housekeeping, houseman/women, and maintenance staff. Device must have GPS tracking and direct contact to security guard or supervisor. Hotels 60+ rooms must…
Continue reading…Leasing Hotel vs. Management Company
Increasingly, hotel owners are choosing between leasing their properties and hiring a management company. Below is a list of Pros and Cons to consider for each arrangement. Leasing Hotel PROS: Lessee takes on the financial, operational, and legal burden Lessor receives a guaranteed fixed monthly amount Safe and secure CONS: Significantly limits…
Continue reading…ALERT YOUR STAFF: Night Shift Hotel and Motel Employees are Being Targeted by Phone Call Scams
Hotels and Motels in the State have reported that their night shift staff receive phone calls from a person claiming to be the property owner. The caller tells the employee that they need a large amount of cash urgently and ask them to get the cash from the safe. If the employee tells the caller…
Continue reading…Evicting Tenants From Your Hotel
Serve the tenant with a notice to quit. A 30 day notice to quit can be issued if a month to month tenant has lived in the unit for under a year. A 60 day notice is required has occupied the unit for over a year. If a tenant does not vacate the premises on/or…
Continue reading…Protect Your Business From Bed Bug Lawsuits
1. Have a paper trail: Get real time Employee Statements, Guest Statements, Pictures, Pest Control Report. 2. Pest Control Service: Should be Insured and Certified in Bed Bug Service. Should inspect and provide an Inspection Report of the room as bed bugs are reported. 3. Refunds: If you refund a guest, get a settlement/waiver of…
Continue reading…Current State of Hotel Reservations Website Lawsuits in California
Over the last few years, California hotels have faced a staggering amount of ADA website lawsuits. Plaintiffs are almost universally from ADA plaintiff firm “Potter Handy LLP dba Center for Disability Access” (“Potter Handy”). Potter Handy’s professional plaintiffs have filed hundreds of lawsuits, stating for one reason or another that a hotel’s website lacks accessible…
Continue reading…When Does a Hotel Guest Become a Tenant
A guest becomes a tenant if: The guest stays at the hotel for 30 days or more; and 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…
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