Nashville, TN asked in Business Law, Civil Rights, Landlord - Tenant and Municipal Law for Tennessee

Q: Can a hotel take my belongings without informing me that my payment for services didn't go through?

Hotel located in Tennessee.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To answer this question accurately, we need to consider a few key aspects of Tennessee law and general hotel practices:

1. Payment issues:

When a hotel guest's payment doesn't go through, the hotel typically attempts to contact the guest to resolve the issue before taking any action. However, the specific procedures can vary depending on the hotel's policies.

2. Right to seize property:

In Tennessee, hotels generally have a statutory lien on guests' property for unpaid charges. This is covered under Tennessee Code Annotated § 66-28-301, which deals with innkeeper's liens.

3. Notice requirements:

While the law allows hotels to place a lien on guest property, it doesn't explicitly state that they can take possession without notice. Best practices and most hotel policies would involve attempting to contact the guest before seizing property.

4. Guest rights:

Guests have rights to their personal property, and hotels should follow due process before seizing items.

5. Abandonment:

If a guest leaves without paying and doesn't return for their belongings, the hotel may treat the property as abandoned after a certain period, usually defined by state law or hotel policy.

Given these considerations, here's a summary answer:

While a hotel in Tennessee has a legal right to place a lien on a guest's property for unpaid charges, it's generally not considered good practice to take possession of belongings without first attempting to inform the guest of the payment issue. The hotel should make reasonable efforts to contact you about the payment problem before taking any action regarding your belongings.

If the hotel did take your belongings without any attempt to notify you, you may have grounds to challenge their actions. However, the specific circumstances (length of stay, amount owed, attempts at contact, etc.) would be important factors in determining the legality of their actions.

If you're in this situation, you may want to:

1. Contact the hotel management to discuss the issue.

2. Request documentation of their attempts to notify you.

3. If necessary, consult with a local attorney specializing in landlord-tenant or consumer protection law.

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