Legal Question in Landlord & Tenant Law in California

Ca law regarding Hotels/Motels (civil code1940.1). I have been living at a hotel for several months.There are a number of guests who reside there long term. The owner requires that guest's check out for one day every 29 days to force the guest to maintain transient occupancy so the guest can not claim tenant 's rights.It was explained that this is to prevent a guest from refusing to pay and refusing to leave after 30 of occupancy. Is this legal? 1940.1 seems to imply it is not, but it is not entirely clear to me.

(the hotel has ▪telephones, ▪maid service, ▪no personal mail boxes, ▪no food or room service. ▪it is located in the San Fernando Valley. ▪Occupancy tax is charged.)

Asked on 12/30/10, 8:25 am

1 Answer from Attorneys

Timothy McCormick Law Offices of Timothy McCormick

Absolutely not. Under section 1940.1, it is absolutely illegal to require occupants to check out and back in to avoid becoming tenants under section 1940.

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Answered on 1/26/11, 11:52 pm

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