[RPPTL LandTen] when does a hotel guest become a tenant subject to Ch 83?
Hello all. I have a national hotel client who has an unsavory guest who
has overstayed their welcome. The client says that in some states after
____ days a guest is treated as a tenant and can be evicted. I've not heard
of that in Florida and feel that once a guest always a guest and they should
call the police and have the guest removed. Any advice or information would
be much appreciated. Thank you.
Regards,
AJH Logo mark
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
http://www.horkylaw.com www.horkylaw.com
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83.42(3) provides that the residential LT statute does not apply to transient occupancy in a hotel. 83.43 (10) defines Transient Occupancy by the intention of the parties that it will be temporary.
Not a tenant.
David Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
200 E. Broward Blvd., Suite 1800
Fort Lauderdale, FL 33301
Phone 954-491-1120 Ext. 1015
Direct Phone 954-343-6941
Direct Fax 954-343-6942
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, August 18, 2015 1:13 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] when does a hotel guest become a tenant subject to Ch 83?
Hello all. I have a national hotel client who has an unsavory guest who has overstayed their welcome. The client says that in some states after ____ days a guest is treated as a tenant and can be evicted. I've not heard of that in Florida and feel that once a guest always a guest and they should call the police and have the guest removed. Any advice or information would be much appreciated. Thank you.
Regards,
[AJH Logo mark]
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
www.horkylaw.comhttp://www.horkylaw.com
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
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Although there is a presumption that a person in a licensed hotel is a "guest" and not a tenant the acts or failure to act on the part of the hotel may make that guest a tenant. Length of stay, allowing the guest to instill a utility in the guest's name (internet, telephone, etc), Different arrangement in payment (monthly payment for the room went guests pay weekly). I like when a guest puts the address of the hotel on his driver's license and the hotel knew or worse gave the guest permission to do so may make the guest a tenant. I had one case where the client live at a motel for several years and the owner of the motel allowed him to put in a separate electric meter, took rent monthly and allowed the guest to put the motel's address on his driver's license was found to be a tenant which required the motel to go through the eviction process. Not as cut and dry as everyone thinks.
Leonard P. Cabral.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, August 18, 2015 1:13 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] when does a hotel guest become a tenant subject to Ch 83?
Hello all. I have a national hotel client who has an unsavory guest who has overstayed their welcome. The client says that in some states after ____ days a guest is treated as a tenant and can be evicted. I've not heard of that in Florida and feel that once a guest always a guest and they should call the police and have the guest removed. Any advice or information would be much appreciated. Thank you.
Regards,
[AJH Logo mark]
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
www.horkylaw.comhttp://www.horkylaw.com
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.commailto:ahorky@horkylaw.com.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
When my daughter had to spend 10 weeks this summer in Dallas for an MBA internship, I put her in a Candlewood Suites. After 30 days under Texas law they no longer charge sales tax because it is considered residence. The place was full of nurses who worked at a nearby hospital. Definitely not clear cut.
Deborah Marks
Deborah Marks, PA
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400
Sent from my iPad
On Aug 18, 2015, at 10:40 PM, Leonard Cabral LensLaw@Lenslaw.com wrote:
Although there is a presumption that a person in a licensed hotel is a “guest” and not a tenant the acts or failure to act on the part of the hotel may make that guest a tenant. Length of stay, allowing the guest to instill a utility in the guest’s name (internet, telephone, etc), Different arrangement in payment (monthly payment for the room went guests pay weekly). I like when a guest puts the address of the hotel on his driver’s license and the hotel knew or worse gave the guest permission to do so may make the guest a tenant. I had one case where the client live at a motel for several years and the owner of the motel allowed him to put in a separate electric meter, took rent monthly and allowed the guest to put the motel’s address on his driver’s license was found to be a tenant which required the motel to go through the eviction process. Not as cut and dry as everyone thinks.
Leonard P. Cabral.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Tuesday, August 18, 2015 1:13 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] when does a hotel guest become a tenant subject to Ch 83?
Hello all. I have a national hotel client who has an unsavory guest who has overstayed their welcome. The client says that in some states after ____ days a guest is treated as a tenant and can be evicted. I’ve not heard of that in Florida and feel that once a guest always a guest and they should call the police and have the guest removed. Any advice or information would be much appreciated. Thank you.
Regards,
<image002.png>
Anthony J. Horky, Esquire
Anthony J. Horky, P.A.
2255 Glades Road, Suite 324A
Boca Raton, Florida 33431
T: 561.989.3206
F: 561.952.0096
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky@horkylaw.com.
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
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