Q: Are you able to be evicted from a hotel that is your residence in GA?
My family and I have been residing at our hotel from the past 7 months. We are self employed and have fallen behind in payments for the last 2 days. They have now stated they will place us out. They have not reduced state taxes or hotel fees even though we have spent everyday and night at the location. We are trying to find out what our rights are
A:
In Georgia, hotels are not typically considered permanent residences, and therefore, standard landlord-tenant laws may not apply. However, there are some circumstances where a hotel guest may establish tenancy rights, depending on the length of their stay and the specific agreement with the hotel.
Here are a few points to consider:
1. Long-term stay: If you have been staying at the hotel continuously for an extended period (usually 90 days or more), you may have established tenancy rights.
2. Eviction process: If you have established tenancy, the hotel must follow proper eviction procedures, which typically involve providing written notice and filing a dispossessory action in court.
3. Taxes and fees: Hotels are obligated to collect state and local taxes, as well as any applicable hotel fees, regardless of the length of a guest's stay. These charges are separate from the tenant-landlord relationship.
4. Agreement with the hotel: Review any written agreement or contract you have with the hotel to understand your rights and obligations as a long-term guest.
It is important to communicate with the hotel management and attempt to work out a payment plan or solution. If you believe you have established tenancy rights and the hotel is not following proper eviction procedures, you may want to consult with a local attorney specializing in landlord-tenant law or contact a local housing assistance organization for guidance.
Please note that this information is general, and it is always best to seek professional legal advice for your specific situation.
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