San Diego, CA asked in Landlord - Tenant and Real Estate Law for California

Q: Living in a hotel for last 6 months. Am I a tenant? Do I have any rights? Can the hotel randomly increase my rate?

I have been staying at a hotel for the last 6 months and have been paying a rate of $75/day. And since day 31, when the hotel had me fill out a transient occupancy tax exemption form stating I am a resident, my rates have been tax free.

On Sunday (4 days ago) I went to the front desk to pay for the upcoming week and the person working said she needed to get with the manager to adjust the rate and she would call me once she had. 2 days later she calls informing me that the manager was increasing the rate from $75 to $99 and then Thursday - Sunday the rate would be $150 because it was Comic-con. I didn't even have the option to decline the rate increase and go elsewhere because it started 2 day prior without my knowledge.

I am just trying to figure out if I have any tenant rights since I have been staying here for the last 6 months, and if so what my rights are regarding rate increases.

1 Lawyer Answer
Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

A: You are technically never a "tenant" when staying in a hotel. You are a "guest" or a "visitor." Since you have been staying there so long, I would assume that you signed a contract. Your contract would tell you the terms of your stay, and whether they have/had the right to raise your rates for certain events, or the right to terminate your stay.

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