Austin, TX asked in Landlord - Tenant for Texas

Q: Do extended stay hotel tenants have renters rights?

I stay at a extended-stay hotel.

I dont have services advertised.

They allow street people to loiter. There was a shooting.

I have PTSD, and the staff come in and out of my room with no respect for my privacy or health and no warning, despite being told I would get a 24 hour notice.

They promised me a rate they havent honored.

They forged my name for packages, and my packages are missing.

Now theyre renovating the hotel. Ive heard other guests say theyre forcing them to move to the renovated rooms and pay twice as much.

I was never given any written or formal notice of the new rates.

It has also hurt my health when I hear drilling and banging on very thin walls. My rate never decreased during the renovations, despite the major disturbance to my sleep and health.

I cant afford to leave.

I have stayed there for over a year. The staff tells me I signed something releasing my renters rights but wont show me what.

Can they kick me out if I sue? Other residents want to sue too.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Whether you are a tenant or guest depends on the facts and circumstances of your occupancy of the hotel room, including the language of any agreement you sign.

After thirty days, hotels can, but are not obligated to, treat guests as residents for tax purposes. After that time, hotels are not required to collect and account for occupancy taxes from residents. If the hotel continues to collect and remit occupancy taxes, that's a pretty clear sign that you are a guest and not a tenant.

Hotels generally provide housekeeping services for guests. Tenants generally are responsible for cleaning their own rooms.

Hotels usually provide amenities like towels, bed linens, and toiletries for guests. Tenants provide their own towels, linens, and toiletries.

Hotel staff generally has key access to the hotel rooms of guests. Tenants would usually have to allow access to premises they occupy.

Hotel guests generally pay hotel rates by the day or week. Tenants generally pay rent monthly.

Hotel guests generally do not use the hotel address as their formal mailing address, although they may have packages occasionally delivered to the front desk. Tenants generally use the address as their formal mailing address. It will be on their license, ID cards, bank statements, credit card statements, voter's registration, etc. Tenants will routinely receive daily mail at the address.

If you are a guest, the hotel absolutely can revoke your license to use one of its rooms if you sue. If you are a tenant, the hotel cannot evict you prior to the end of the lease term as long as you pay rent on time and do not breach any terms of your lease agreement. To evict you for non-payment, the hotel is required to give you three-days notice. To evict you for other breaches of your lease or if your lease term has expired and you have not vacated the premises, the hotel is required to give you thirty-days notice.

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