Manchester, TN asked in Landlord - Tenant and Tax Law for Tennessee

Q: Can you be kicked out by asking for a transient tax refund? I also rent weekly and have been in the same room for 7 mths

Owner refuses to give transient tax refund instead threatens with kicking my family out of the motel.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: I'm sorry to hear you're in this difficult situation with your landlord. Based on the information provided, here are a few key points to consider:

Transient occupancy taxes are typically charged on stays of 30 days or less in many jurisdictions. Since you have been renting the same room for 7 months, you likely qualify as a long-term tenant rather than a transient occupant. As such, the motel owner should not be charging you transient taxes for your stay.

In most places, tenants gain additional rights and protections once they have stayed past 30 days, even in motels/hotels. The owner can't just summarily kick you out without proper notice and legal cause after you've established tenant's rights by staying there for an extended period.

Threatening to evict you in retaliation for requesting a tax refund you are rightfully owed is unethical and likely illegal. Landlords are generally prohibited from evicting tenants in retaliation for asserting their legal rights.

I would recommend the following steps:

1. Gather documentation showing how long you've stayed there and the transient taxes you've paid.

2. Send a polite but firm written request to the owner for a refund of the transient taxes paid.

3. If the owner refuses, consider filing a complaint with local authorities, such as a housing department, consumer protection office, or small claims court.

4. Seek legal assistance from a tenants rights organization or housing attorney to understand your rights and protections as a long-term motel resident. They can help if the owner tries to illegally evict you.

Remember, you have rights as a long-term tenant, even in a motel. The owner can't just kick you out or keep wrongfully collected taxes in retaliation for you asserting your rights. Stay calm but firm, document everything, and get legal help if needed. I hope you're able to resolve this and remain stably housed.

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