Motel Law on Eviction

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Latest post 10-28-2012 8:11 PM by Taxagent. 9 replies.
  • 10-28-2012 2:03 PM

    • Jurnie
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    Motel Law on Eviction

    Question.  I am not to managing a Weekly Paying MOTEL.   We have a tenant who has lived here about a year.    They are 3  almost 4 months behind.  The owner has given them months to try to catch up.  Finally a week ago when she asked of their rent  they said they had none  but when she said ok YOU have till fri to get out  they all of the sudden had some.   She have them a week.

    They are saying that civil court says that they have to give a 30 day notice.  BUT THIS is not a Apartment building. There is NO Written Lease.  its  a Pay Weekly Motel.   What are the law pertaining to this.  She did have the sheriff out  last night who basically told them  Shes right.  But I wanted to check and see if they had a leg to stand on with what they are saying.  THEY have lived in Motel6 for 2 years before this and were just kicked out.  So who would this be different?

  • 10-28-2012 2:49 PM In reply to

    Re: Motel Law on Eviction

    Jurnie:
    They are saying that civil court says that they have to give a 30 day notice.  BUT THIS is not a Apartment building. There is NO Written Lease.

    Under most LL/Tenant laws once residency has been established by staying more than 30 days the tenant becomes a month to month tenant which requires 30 days notice to terminate the tenancy.

    Jurnie:
    She did have the sheriff out  last night who basically told them  Shes right. 

    She shouldn't take legal advice from cops.  They are notoriously wrong.

    Jurnie:
    We have a tenant who has lived here about a year.    They are 3  almost 4 months behind.  The owner has given them months to try to catch up.

    HUGE mistake.  The minute they don't pay you put them out.  Now she has to go to court and get an eviction.  By allowing not paying to go on months she likely created a tenancy.  First thing tomorrow the owner needs to consult a lawyer on how to get them out quickly and LEGALLY.

     

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 10-28-2012 2:56 PM In reply to

    • Kivi
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    Re: Motel Law on Eviction

    This one can be somewhat state specific. I suggest that the landlord or manager consult with a local attorney for specific advice.

  • 10-28-2012 3:00 PM In reply to

    Re: Motel Law on Eviction

    First of all, taking legal advice from tenants and sheriffs is a ridiculous idea. Can't imagine why the owner didn't learn the laws from an attorney a long time ago.

    Especially since IL statutes don't appear to specifically address the issue.

    The IL landlord tenant statute doesn't:

    http://law.justia.com/codes/illinois/2010/chapter765/2201.html

    The closest thing I can find that addresses hotels and motels is the Innkeeper Protection Act:

    http://law.justia.com/codes/illinois/2010/chapter740/2038.html

    But I don't see anything in there about notice to terminate occupancy.

    There is, however, a couple of interesting sections making non-payment of rent a misdemeanor:

    http://codes.lp.findlaw.com/ilstatutes/740/90/5

    http://codes.lp.findlaw.com/ilstatutes/740/90/6

    Might want to call that sheriff back and have him arrest the occupant under that statute.

    One other resource came up with some case law on hotels and motels:

    http://accessevictions.com/hotel-and-motel-guests/

    But that appears to be general law and not specific to IL although it could apply.

    Sorry, but it looks like its time for the owner to have a lawyer to a little research for him.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-28-2012 3:17 PM In reply to

    • Jurnie
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    Re: Motel Law on Eviction

    she has done many evictions and Has a lawyer and all.  This specific Couple are just causing trouble.   ALL Tenant rights pertaint to A LEASING   There is NO Lease.  All I have found pertains to Apartments  that HAVE Landlords and LEASES.  THIS is not a landlord situation.

  • 10-28-2012 3:54 PM In reply to

    • Drew
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    Re: Motel Law on Eviction

    Some states do have specific if not quirky laws which exempt  hotels and innkeepers for the  due process of landlord tenant laws but you best sort out the specifics of IL law before one locks out  a long term hotel guest . Now it may be fair game to scare a delinguent occupant to pay up  --but gets the facts straight -before one locks out a tenant.

    My guess as a LL elsewhere if one is into long term rental of hotel units for residential purposes to people who do not maintain a bona fide residence elsewhere the courts may well give the  guest/tenats every benefit of every doubt and then some  if the hotel operator  does an old fashioned lockout.

     



  • 10-28-2012 4:35 PM In reply to

    • Drew
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    Re: Motel Law on Eviction

    I also see that IL's inkeepers act has a criminal provision for failure to pay  and that definition of hotel does include quasi permenant lodging facitlites  --also that a copy of the innkeepers act be posted in rooms --I hope you comply of course.



  • 10-28-2012 5:56 PM In reply to

    Re: Motel Law on Eviction

    Jurnie:
    she has done many evictions and Has a lawyer and all. 

    Then what happened to muck this one up?

    She should have known what to do about this months ago.

    The first time they were late should have been the day they were locked out, the locks changed, and their belongings packed up and put in a storage room until they paid.

    I suggest she do that now.

    And if the sheriff comes back mouthing off ask the sheriff to cite the statute that requires the owner to let the lodger back in. I doubt if he'll be able to. But she can sure show him the misdemeanor statute and demand an arrest. Bet he just goes away quietly after that.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-28-2012 6:49 PM In reply to

    • DPH
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    Re: Motel Law on Eviction

    Jurnie:
    she has done many evictions and Has a lawyer and all

    Then you should quit personally worrying about it.  If she wants them out, let her tell you and tell you how she wants it handled.  If she doesn't care that they are still there, it's really her business unless she is leaning on you to get them out.  If that is the case, figure out what can be done legally and do it. 

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 10-28-2012 8:11 PM In reply to

    Re: Motel Law on Eviction

    adjuster jack:

    The first time they were late should have been the day they were locked out, the locks changed, and their belongings packed up and put in a storage room until they paid.

    I suggest she do that now.

    She's got a lawyer. What she should do now is consult the lawyer. That's what the lawyer is for.

    There is an important legal prinicple here: in a number of states, hotel customers that stay for extended periods of time, say more than a month or two, are quite often regarded as tenants rather than guests. Once they are regarded as tenants, the innkeeper (who is now in the role of a landlord) must use the eviction procedures to get the tenant out.

    Whether a person living in a hotel/motel is a guest or a tenant is something that is resolved by the courts looking at case law; it won't be found in the IL statutes. It is not necessary to have a written document with the title "lease" on it to create a lease. At least one IL appellate decision held that persons living in a hotel for over two months were actually tenants, not guests. The fact that they have been living there well over a year probably weighs heavily towards finding them to be tenants, but the details matter.

    She should understand that if the law is not clear and she chooses to simply lock them out rather than go through formal eviction, she runs a risk that a court might rule against her if the guest/tenant sues and determine that this was a tenancy, not a transient guest situation. On the other hand, if she evicts, while that takes a bit longer, she doesn't run a risk of being held to have unlawfully ejected these folks.

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