Innkeepers' Rights Regarding Guests

Topic:
MODEL LAWS; LAND USE;
Location:
LANDLORD - TENANT RELATIONSHIP;


September 13, 2000		2000-R-0859
INNKEEPERS' RIGHTS REGARDING GUESTS
By: Sandra Norman-Eady, Senior Attorney

You asked us to review a draft of a model statute on Innkeeper Rights and compare it to laws in other states.

SUMMARY

The model statute has four substantive sections. The first section gives innkeepers the right to refuse or deny accommodations under five different circumstances. It shields these innkeepers from liability or any fine or penalty. Consistent with existing law in Connecticut, it prohibits innkeepers from discriminating against guests based on race, color, religious creed, age, sex, marital status, national origin, ancestry, mental illness, mental retardation, learning disability, or physical disability. Unlike existing Connecticut law, it does not prohibit discrimination based on sexual orientation.

The second section authorizes innkeepers to eject guests for any one of 10 different reasons, including nonpayment for accommodations or services, engaging in unlawful acts on the premises, and failing to register as a guest.

The third section permits the court to order a guest to pay restitution for damages to a lodging establishment and makes parents responsible for the acts of their minor children.

The last section requires innkeepers to post a copy of the statute in a conspicuous place.

We reviewed the law in 17 states on innkeepers' rights to deny accommodations and the grounds and procedures for removing hotel guests. Most of these laws greatly resemble the draft model statute. For example, most permit hotel owners to deny accommodations for nondiscriminatory reasons and permit them to eject guests without going through the summary process typically required in landlord and tenant relationships. While the grounds for ejectment vary, there is a fairly consistent core group: nonpayment of rent, disorderly conduct, posing a danger to others, and violation of hotel laws or regulations. And in most of the states the acceptable reasons for denying accommodations mirror the grounds for ejectment.

MODEL STATUTE ON INNKEEPER RIGHTS

The model statute gives innkeepers the right to refuse or deny accommodations, allows them to eject guests and establishes grounds for ejectment, allows courts to award them restitution for damages to their facility, and requires them to post the state in a conspicuous location.

Right to Deny Accommodations

The statute gives innkeepers the right to refuse or deny accommodations to anyone:

1. unwilling or unable to pay for a room or other lodging establishment privileges,

2. visibly under the influence of drugs or alcohol or creating a public nuisance,

3. the innkeeper reasonably believes will use a room or the facility for an unlawful purpose,

4. the innkeeper reasonably believes is bringing in something that creates an unreasonable danger or risk to others, or

5. whose use of a room or accommodation would violate the facility's maximum capacity.

Innkeepers who refuse accommodations under these conditions are not civilly or criminally liable to any guest or liable for any fine or penalty.

The statute prohibits innkeepers from discriminating against guests based on race, color, religious creed, age, sex, marital status, national origin, ancestry, mental illness, mental retardation, learning disability, or physical disability.

Ejection

Innkeepers may eject a guest for any of the following reasons and keep his room rental payment:

1. nonpayment;

2. disorderly conduct;

3. using the premises for an unlawful act;

4. bringing property that may be dangerous to others onto the premises;

5. failing to register as a guest;

6. using false pretenses to obtain accommodations;

7. being a minor unaccompanied by an adult registered guest;

8. exceeding the guest room occupancy limit;

9. violating federal, state, or local lodging establishment laws or regulations; or

10. violating the establishment's posted rules.

Restitution

The model statute allows a court to order guests to pay restitution for any damage they cause, including damages resulting from loss of room rent. Parents and guardians are liable for damages caused by their minor children.

STATE LAWS ON REMOVAL OF HOTEL GUESTS AND INNKEEPERS' RIGHT TO DENY ACCOMMODATIONS

We have summarized the law in 17 states on innkeepers' duty to accommodate and procedure for removing hotel guests.

Like the draft model statute, a majority of these states authorize innkeepers to eject or remove guests who (1) refuse or are unable to pay for accommodations or services; (2) are intoxicated or disorderly; (3) the owner reasonably believes are using the premises for an unlawful purpose; (4) the owner reasonably believes brought something into the hotel that may be dangerous to others; (5) violate federal, state, or local hotel laws or regulations; or (6) violate a conspicuously posted hotel rule. Laws that allow innkeepers to eject for violation of a hotel rule prohibit the rules from discriminating based on race, color, religious creed, age, sex, marital status, national origin, ancestry, mental illness, mental retardation, learning disability, or physical disability. Table 1 shows a summary of these laws by state.

Generally, most of the states reviewed allow an innkeeper to deny accommodations for the same reasons he can eject a hotel guest. Although Table 1 shows these reasons as the same, it is important to note that the standards are different for denying accommodations and ejecting guests based on rent, use of hotel premises, and danger posed by things brought onto the property. When denying accommodations, the hotel owner must believe a person is unable or unwilling to pay the room rate, plans to use the premises for an unlawful purpose, or plans to bring a potentially dangerous object onto the premises. Before an owner can evict a guest, the guest must refuse to pay for the room or the owner must believe that he used the premises for an unlawful purpose or brought a potentially dangerous object onto the premises.

TABLE 1: Hotel Guest Removal and Accommodation Laws By State

*STATES*	*REMOVAL*	*ACCOMMODATION*
Alabama ACA 34-15-17	A hotel owner may eject guests who are intoxicated, profane, lewd, brawling, or otherwise disturbing the peace and comfort of others. The hotel owner must give them oral notice to leave the premises and return the unused portion of any advance payment. Refusal to leave upon request is a misdemeanor. Hotel owners may call any law enforcement officer to remove or eject illegal guests.
California Cal. Civ. Code 1861-1865	A hotel owner may evict hotel guests who refuse to depart at checkout time if (1) the owner provided notice of checkout at the time the guests arrived and (2) the room is needed to accommodate an arriving guest. If a guest refuses leave, the hotel owner may enter the room and take possession of the guest's property, re-key the door, and make the room available to new guests. The hotel owner must return the guest's property unless he has a lien on it because of the guest's failure to pay proper charges. The property can be sold to enforce the lien after final judgment in an action to recover the charges.
Colorado CRSA 12-44-302		An innkeeper has the right to refuse accommodations to anyone unwilling or unable to pay for them.
Florida FSA 509.141	Hotel owners may remove any guest who, while on the premises, illegally possesses or sells controlled substances; is intoxicated, profane, lewd, or brawling; disturbs the peace of other guests; injures the facility's reputation, dignity, or standing; fails to pay the agreed upon rent at checkout time; or fails to checkout at the agreed upon checkout time. The hotel owner must give the guest notice of his desire for the guest to depart and return the unused portion of any advance payment. Guests who refuse to leave are guilty of a second-degree misdemeanor. Hotel owners may call any law enforcement officer to arrest illegal guests. Arrested guests are deemed to have given up or abandoned their right to occupy a room, thus the hotel owner may make it available to other guests.
Idaho ICA 39-1805 and -1809	A hotelkeeper may evict a guest who (1) fails to pay his bill when due; (2) is under the influence of drugs or alcohol or otherwise disorderly; (3) uses the premises for an unlawful act; (4) brings property that may be dangerous to others onto the premises; (5) destroys, damages, or defaces hotel property or that of other guests or threatens to do so; (6) exceeds the limitation on guest room occupancy; or (7) refuses to abide by the hotel's posted rules. Before eviction for nonpayment, the hotel owner must demand payment and request the guest to leave if the bill is not paid. If the guest fails to pay, the hotel owner may lock the door to the guest's room and remove his personal property. The owner has a lien on the personal property for any proper charges due to the hotel.	A hotelkeeper can refuse accommodations for the same reasons he uses to eject a guest. Additionally, he may deny accommodations to a minor who is not accompanied by his parent or guardian.
Iowa ICA 137C.25C and 137C.25	A hotel owner may eject a person: (1) for nonpayment of rent; (2) for being visibly intoxicated or creating a public nuisance; (3) if he reasonably believes the person is using the premises for an unlawful purpose; (4) if he reasonably believes the person brought something into the hotel that may create an unreasonable danger or risk to others; (5) for violating federal, state, or local hotel laws or regulations; or (6) for violating a posted hotel rule.	The same reasons as ejectment, except numbers 5 and 6.
Kansas KSA 36-604 and -602	An innkeeper may eject a person from hotel premises without returning his property for: (1) nonpayment of rent; (2) disorderly conduct; (3) using the premises for an unlawful act; (4) bringing property onto the premises that may be dangerous to others; (5) failing to register as a guest; (6) exceeding the guest room occupancy limits; (7) using false pretenses to obtain accommodations; (8) being a minor unaccompanied by an adult registered as a hotel guest; (9) violating federal, state, or local hotel laws or regulations; or (10) violating a hotel rule that was posted in a conspicuous place.	An innkeeper has the right to refuse accommodations to anyone who: (1) is unwilling or unable to pay for them, (2) is a minor unaccompanied by a parent or guardian, (3) is disorderly, or (4) was previously ejected.
Louisiana LSA 21:75 and 76	A hotel guest must vacate the premises after his stay has expired if the hotel owner has given him written notice of the agreed upon departure date and notified him at least one hour before the time to leave. If a hotel guest who has been notified refuses to leave, the hotel owner may have law enforcement officers remove the guest and his belongings. Hotel owners are not liable for damages for reasonably exercising their rights.
Minnesota MSA 327.73	An innkeeper may remove or cause to be removed a guest or person who: (1) refuses or is unable to pay for accommodations or services; (2) is obviously intoxicated or disorderly, destroys or threatens to destroy hotel property, or causes or threatens to cause a disturbance; (3) the owner reasonably believes is using the premises for an unlawful purpose; (4) the owner reasonably believes brought something into the hotel that may be dangerous to others; (5) violates federal, state, or local hotel laws or regulations; or (6) violates a conspicuously posted hotel rule.	An innkeeper can refuse accommodations for the same reasons he uses to eject a guest, except (5) and (6).
Missouri MRS 315.075 and 315.067	A hotel owner may eject a person and notify the appropriate law enforcement authorities when (1) the guest does not pay for his room, (2) the guest is visibly intoxicated and disorderly, (3) the owner reasonably believes the guest is using the premises for an unlawful purpose, (4) the owner reasonably believes the guest brought something into the hotel that may create an unreasonable danger or risk to others, or (5) the guest has violated a federal, state, or local hotel law or regulation.	A hotelkeeper can refuse accommodations for the same reasons he uses to eject a guest, except (4). Additionally, he may limit the number of people who may occupy a room.
Montana MCA 70-6-511 and 70-6-512	An innkeeper may evict anyone who: (1) is intoxicated or disorderly and disturbing other guests; (2) destroys, damages, defaces, or threatens harm to hotel guests or property; (3) seeks to use the premises for an unlawful purpose; (4) seeks to bring into the hotel an unlawfully possessed firearm or object that is unlawful to possess and that may be dangerous to others; (5) allows a hotel room to be filled beyond its capacity; or (6) refuses to abide by reasonable hotel standards or policies.	A hotelkeeper can refuse accommodations to anyone who (1) is unwilling or unable to pay for them; (2) the hotel owner reasonably believes is intoxicated; (3) is disturbing other guests; (4) the hotel owner reasonably believes is bringing in property that may be dangerous to others; (5) would exceed a hotel room's maximum capacity; or (6) refuses to abide by reasonable hotel standards or policies.
Oklahoma OSA 15-508 and -506	An innkeeper may eject a person: (1) for nonpayment of rent; (2) for public intoxication or disorderly conduct; (3) if the owner reasonably believes the guest is using the premises for an unlawful purpose; (4) for violating a federal, state, or local hotel law or regulation; or (5) for violating a conspicuously posted hotel rule.	A hotelkeeper can refuse accommodations to anyone who is unwilling or unable to pay for them. He may also limit the number of occupants in a hotel room.
Pennsylvania PSA 37-106 and 103	An innkeeper may eject a person: (1) for nonpayment of rent; (2) for disorderly conduct; (3) if the owner reasonably believes the guest is using the premises for an unlawful purpose; (4) if the owner reasonably believes the guest brought something into the hotel that may be dangerous to other; or (5) for allowing the hotel room to exceed its maximum occupancy.	A hotelkeeper can refuse accommodations for the same reasons he uses to eject a guest, except (5) and (6).
Rhode Island RIGL 5-14-4 and 5-14-5	An innkeeper may remove or cause to be removed a guest who: (1) refuses or is unable to pay for accommodations or services; (2) is obviously intoxicated or disorderly, destroys or threatens to destroy hotel property, or causes or threatens to cause a disturbance; (3) the owner has direct knowledge is using the premises for an unlawful purpose; (4) the owner has direct knowledge brought something into the hotel that may be dangerous to others; (5) violates federal, state, or local hotel laws or regulations; or (6) violates a conspicuously posted hotel rule.	A hotelkeeper can refuse accommodations to anyone who (1) is obviously intoxicated or disorderly, destroys or threatens to destroy hotel property, or causes or threatens to cause a disturbance; (2) the owner has direct knowledge is using the premises for an unlawful purpose; or (3) is under 18 years of age and is either not in proper condition or unable to pay for charges.
South Carolina SCSA 45-2-60 and 45-2-30	An innkeeper may eject a person: (1) for nonpayment of rent; (2) for public intoxication or disorderly conduct; (3) if the owner reasonably believes the guest is using the premises for an unlawful purpose; (4) if the owner reasonably believes the guest brought something into the hotel that may be dangerous to other; (5) for violating a federal, state, or local hotel law or regulation; or (6) for violating a conspicuously posted hotel rule.	A hotelkeeper can refuse accommodations for the same reasons he uses to eject a guest, except (5) and (6). Additionally, he may limit a room's maximum occupancy.
Tennessee TCA 68-14-605 and 68-14-602	An innkeeper may eject a person: (1) for nonpayment of rent; (2) for public intoxication or disorderly conduct; (3) if the owner reasonably believes the guest is using the premises for an unlawful purpose; (4) if the owner reasonably believes the guest brought something into the hotel that may be dangerous to other; (5) for violating a federal, state, or local hotel law or regulation; or (6) for violating a conspicuously posted hotel rule.	A hotelkeeper can refuse accommodations for the same reasons he uses to eject a guest, except (5) and (6). Additionally, he may limit a room's maximum occupancy.
Utah UCA 29-2-103	An innkeeper may eject a person: (1) for nonpayment of rent; (2) for public intoxication or disorderly conduct; (3) if the owner reasonably believes the guest has violated a federal, state, or local hotel law or regulation or a conspicuously posted hotel rule.	A hotelkeeper can refuse accommodations to anyone who is (1) unwilling or unable to pay for them; (2) visibly intoxicated; (3) creating a public nuisance; (4) believed to be seeking accommodations for an unlawful purpose; or (5) is believed to be bringing in property that may be dangerous to others. He may also limit the number of hotel room occupants.

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