CALIFORNIA HOTEL LAWS
Current as of January 20, 2022 | Updated by California Business Lawyer & Corporate Lawyer
California Code, Civil Code – CIV § 1865
§ 1865. “Hotel”; “Guest”; Right to evict guest who fails to depart by posted checkout time; Rights with respect to minors
(a) For purposes of this section, “hotel” means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but it shall not include any residential hotel as defined in Section 50519 of the Health and Safety Code . “Innkeeper” means the owner or operator of a hotel, or the duly authorized agent or employee of the owner or operator.
(b) For purposes of this section, “guest” means, and is specifically limited to, an occupant of a hotel whose occupancy is exempt, pursuant to subdivision (b) of Section 1940 , from Chapter 2 (commencing with Section 1940 ) of Title 5 of Part 4 of Division 3.
(c) In addition to, and not in derogation of, any other provision of law, every innkeeper shall have the right to evict a guest in the manner specified in this subdivision if the guest refuses or otherwise fails to fully depart the guest room at or before the innkeeper’s posted checkout time on the date agreed to by the guest, but only if both of the following conditions are met:
(1) If the guest is provided written notice, at the time that he or she was received and provided accommodations by the innkeeper, that the innkeeper needs that guest’s room to accommodate an arriving person with a contractual right thereto, and that if the guest fails to fully depart at the time agreed to the innkeeper may enter the guest’s guest room, take possession of the guest’s property, re-key the door to the guest room, and make the guest room available to a new guest. The written notice shall be signed by the guest.
(2) At the time that the innkeeper actually undertakes to evict the guest as specified in this subdivision, the innkeeper in fact has a contractual obligation to provide the guest room to an arriving person.
In the above cases, the innkeeper may enter the guest’s guest room, take possession of the guest’s property, re-key the door to the guest room, and make the guest room available to a new guest. The evicted guest shall be entitled to immediate possession of his or her property upon request therefor, subject to the rights of the innkeeper pursuant to Sections 1861 to 1861.28 , inclusive.
(d) As pertains to a minor, the rights of an innkeeper include, but are not limited to, the following:
(1) Where a minor unaccompanied by an adult seeks accommodations, the innkeeper may require a parent or guardian of the minor, or another responsible adult, to assume, in writing, full liability for any and all proper charges and other obligations incurred by the minor for accommodations, food and beverages, and other services provided by or through the innkeeper, as well as for any and all injuries or damage caused by the minor to any person or property.
(2) Where a minor is accompanied by an adult, the innkeeper may require the adult to agree, in writing, not to leave any minor 12 years of age or younger unattended on the innkeeper’s premises at any time during their stay, and to control the minor’s behavior during their stay so as to preserve the peace and quiet of the innkeeper’s other guests and to prevent any injury to any person and damage to any property.
What is a “Hotel” and Who is the “Innkeeper”?
- A hotel includes places like hotels, motels, and bed-and-breakfast inns where people stay temporarily. It does not include residential hotels where people live long-term.
- The innkeeper is the hotel’s owner, manager, or their employees.
Example:
A motel where people stay for a weekend trip is a hotel under this law. The manager of the motel is the innkeeper.
What is a “Guest”?
A guest is someone staying at a hotel for a short period. This person is not considered a tenant (like someone renting an apartment long-term).
Example:
If you book a hotel room for two nights, you’re a guest, not a tenant.
Can a Hotel Evict a Guest?
Yes, a hotel can evict a guest who does not leave by the checkout time if the following conditions are met:
- The guest agreed in writing when they checked in that they would leave on time, and they were told their room might be needed for another guest.
- At the time of eviction, the hotel actually has a reservation for another guest who needs the room.
If these rules are followed, the innkeeper can:
- Enter the room, remove the guest’s belongings, and change the locks.
- The evicted guest can get their belongings back right away if they ask.
Example:
Sara was told at check-in that her room would be needed by another guest at noon on her checkout day. When she didn’t leave, the hotel removed her belongings and gave the room to the next guest.
Rules About Minors (Under 18)
- When a minor is alone (no adult):
- The hotel can ask for a parent or guardian (or another adult) to sign a paper agreeing to take full responsibility for the minor. This includes paying for the room, food, and any damages caused by the minor.
Example:
Alex, 17, wants to stay at a motel alone. The motel can require Alex’s parent to sign a form saying they will pay for Alex’s stay and cover any damage Alex causes. - When a minor is with an adult:
- The hotel can ask the adult to agree not to leave any child 12 years old or younger unattended during the stay.
- The adult must also promise to control the child’s behavior to avoid disturbing other guests or causing damage.
Example:
Mia is staying at a hotel with her 10-year-old sibling. The hotel can ask Mia to sign a form promising not to leave the sibling alone and to make sure they behave.