Legal Question in Real Estate Law in New York

New York State hotel guests rights.

I had a hotel reservation, but the hotel and myself had a misunderstanding of my check out date. When I arrived back from a day of sightseeing, I found my room had been rented out to another family. I found that the hotel staff had removed all my luggage from the room. I still had my key to that room but was not allowed to go back into the room to check for any belongings that may have been overlooked.

Is it legal, for a hotel to remove your belongings from the room even though they had my credit card on file, and I was not refusing any payments to them? Also can the hotel just evict me like this? Do I have any legal recourse?


Asked on 7/20/02, 7:36 pm

1 Answer from Attorneys

Re: New York State hotel guests rights.

First, was anything missing? Was anything broken? If not, did they offer you any compensation fo ryour inconvenience and upset, like a free night or two at the hotel?

If they were arrogant, or had a we don't give a shit attitude, I can see you being irrate, but if not, and you have no damages/injury, get on with your life. Babies are being kidnapped, raped and killed. If you just had to change rooms, this is NOT worth worrying about beyond a couple letters.

You say there was a misunderstanding about the check out date. Was it yours or theirs? If they found your things and you had not checked out, the staff should have inquired with mgt. before removing your things, but people do abandon theri things at hotels. IF they had a crappy attitude, that's a little different too, but you don't say if they were nice about it, or arrogant, so I assume they were OK, or you would likely have made comment about that.

So, the best philosophy is to use litigation when you suffer REAL injuries or there is a REAL moral point or high ground issue, AND you can't get a satisfactory resolution without litigation. Realize life has bumps in it, and is not always fair. Spend your time loving and doing. At the end of your life, you will NOT look back and say, "Gee, I wish I had spent more time in litigation."

Be well.

Kevin J. Begley

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Answered on 7/23/02, 11:52 am


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