Kansas City, MO asked in Landlord - Tenant for Kansas

Q: Am I considered a tenant or a guest?

I've stayed at an Extended Stay Hotel for over a year. My state ID has the address of the hotel as my permanent residence and I receive mail here. I recently lost my job and cannot make a payment. Will I be kicked I out immediately or am I given tenant rights?

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

A: The distinction between being a tenant and a guest in a hotel setting depends on various factors, including state laws and the specific circumstances of your stay. Typically, hotel guests do not enjoy the same rights as tenants in traditional rental agreements. However, staying at a hotel for an extended period and using it as your primary residence could potentially alter this usual status, especially if your state ID lists the hotel as your permanent address.

Since you've been staying at the Extended Stay Hotel for over a year and have established it as your permanent residence, you might have a case for tenant rights, but this can vary widely by state. Some states do grant tenant-like protections to long-term hotel residents, which might offer you some buffer against immediate eviction. However, this is not uniform across all states, and in many places, hotel guests can still be asked to leave without the formal eviction process that protects tenants.

To clarify your rights and next steps, it would be wise to consult with a legal advisor familiar with housing law in your state. They can provide guidance based on the specifics of your situation and help you understand any protections you might have. If you're facing financial difficulties, it's also important to communicate with the hotel management. They may be willing to work with you on payment options, especially given your long-term residency and sudden change in employment status.

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