Tracy, CA asked in Consumer Law, Real Estate Law, Business Law and Civil Rights for California

Q: I’ve been staying at a hotel for the past few months and they have told us we cannot stay more than 28 days in a row?

The hotel has told us we have to stay somewhere else for a few days due to there 28 day policy but can come back after a few days. We have been here for around 5 months and after about 30 days we stayed at another hotel for two days and came back, stayed for around three months and was told we had to go somewhere else again, so we did. It’s been almost 28 days and now they are telling us we have to leave for a week before we can come back. Is the 28 day thing legal? There are other people there that have been there for longer than us. Aren’t they breaking Cal. Civ. Code §1940.1. Specifically, subsection (a) states: “No person may require an occupant of a residential hotel, as defined in Section 50519 of the Health and Safety Code, to move, or to check out and reregister, before the expiration of 30 days occupancy if a purpose is to have that occupant maintain transient occupancy status…” what good are laws if no one is held accountable? What can be done about this?

1 Lawyer Answer
Manuel Alzamora Juarez
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Answered
  • Berkeley, CA
  • Licensed in California

A: The issue here is that they do not want to become long term landlords because if they do then they would be subject to a whole different body of law that would regulate them. You will be better of finding an apartment somewhere else. Best of luck.

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