Vista, CA asked in Consumer Law and Landlord - Tenant for California

Q: Is it legal for a "Hotel" to rent an individual a room for one night, with a defected or tampered with "Smoke Detector"

What Can I do if the 'Hotel" rented me a room with a smoke detector that was covered in plastic (plastic Bag (I think). My safety was obviously in danger. Can I recover my funds paid for the evening being as I was frightened after I noticed it, and gather my belongings and immediately left the hotel? I was there for less than 4 hours.

I phoned the police from the parking lot immediately after, I left the hotel. and made a report.

The next day the hotel sent me a welcome email. In this email it states that there is a $250.00 fee for tampering with fire detectors. Shouldn't that goes both ways? They sent this email to me at 3:03am I had already left the hotel (scared to death) at 11:01pm the night before (four hours prior). However I believe they are trying to cover their error, because like I said, I called the police and fire dept. on them.

2 Lawyer Answers

A: What did the police department and fire department do?

James L. Arrasmith
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Answered

A: This is a concerning situation. Here's a concise response addressing the key points:

1. Legality: It is not legal for a hotel to rent a room with a defective or tampered smoke detector. This violates fire safety codes and puts guests at risk.

2. Your actions: You did the right thing by leaving and reporting the issue to the police and fire department.

3. Refund: You may have grounds to request a refund since the room was unsafe and you left shortly after checking in.

4. Hotel's response: The welcome email and mention of the tampering fee could be an attempt to deflect responsibility or a standard automated message.

5. Next steps:

- Document everything (photos, times, communications)

- File a complaint with local health and safety authorities

- Consider contacting a lawyer if the hotel refuses to address the issue

6. Reciprocal fee: While it's not standard, you could argue that the hotel should be liable for a similar fee for endangering guests.

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