United States: When Hotel Guests Become Hotel Pests

Nothing is more important to the hospitality industry than guests. The industry loves to count "heads in beds." But for all the good things that guests provide, including gross revenues, RevPAR and occasionally, some positive, word-of-mouth advertising, it is inevitable that some guests will become problems. This article looks at two categories of problem guests: the guest who holds over after the reservation has expired, and the under-aged guest.

In some states, innkeepers’ statutes provide strong guidance, if not a complete answer, as to how to handle a problem guest,. Other states provide little guidance, and it is instructive to look at a number of different jurisdictions. First, however, let’s define what we are discussing when we describe a holdover guest. Assume you are in peak season with occupancy running a consistent 100 percent and advance reservations for every guest night for the next several months. A guest has been with you in accordance with his reservation for Tuesday to Friday. Your posted check-out time is noon, so this guest’s reservation expires at noon on Friday. Your next guest, who has reserved Friday, Saturday and Sunday nights, is in the lobby, luggage in hand. The first guest has just advised you that your hotel is so wonderful, your staff so accommodating and the amenities such a joy, that he is going to stay through the weekend. You’re about to tell this first guest that he must leave, but the look in his eye makes it clear that he has no intention of leaving the paradise you have created.

In Florida and California, the statutes are quite clear that the hotel can require the first guest to leave. It is required that notice be given, but allows that notice to be given orally or in writing. The Florida statute even provides language for a notice given in writing, "You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this state." The Florida statute goes on to provide that local law enforcement is authorized and instructed to assist the hotel with the removal of this guest.

In California, the hotel can evict the guest, but only if two conditions are met: (i) a written notice to the effect that the room is needed to accommodate an arriving person with a reservation and (ii) at the time of the eviction, the hotel, in fact, has a contractual obligation to provide the guest room to a new guest. Georgia law provides that a written statement which clearly indicates the period during which a guest may occupy a room, creates a valid, non-assignable contract at the end of which the guest may be restrained from entering the hotel room.

In other jurisdictions, such as the District of Columbia, Massachusetts, Illinois and Texas, the innkeeper laws are far less specific. In reviewing those statutes that do have provisions relating to holdover guests and cases in other jurisdictions that speak to this topic, it is clear that the key to protecting the interests of the hotel is the contract between the hotel and the guest, with that contract being specific as to the period of time, including check-out, that the guest may occupy the room. A second element is the manner in which the hotel provides notice to the holdover guest of its requirement that the guest leave. Compliance with specific statutory requirements and reasonable notice, whether required by statute or not, are essential to being able to successfully evict a holdover guest and avoid liability for violation of the guest’s rights and dignity. Avoiding misunderstanding is important in terms of showing the guest what had been agreed to and in obtaining the cooperation of law enforcement in those situations where a problem exists after the guest is asked to leave.

The best place to establish the contract between the guest and the hotel is during the check-in process. Where once the check-in process focused on obtaining a guest’s signature with respect to an obligation to pay for the room and to provide identification and billing addresses, a good form of check-in card will include acknowledgement of the room rate and the duration of the stay and the required check-out time. These are in addition to other important signature card items, such as individual guest liability for the bill even where the reservation was booked by a convention group or tour operator.

The second category of potential problem guests are minors. Two legal issues impact this category of guest, and at first it may seem that these two issues conflict. In almost every jurisdiction, minors are not bound by contracts made while they are minors unless, after reaching their majority, they ratify the contract. In the case of a contract between an under-aged guest and a hotel, the ratification is not likely to succeed unless during the guest’s stay, they happen to be celebrating their birthday and at that point reach their majority. This appears to conflict with the constitutional and state law provisions that prohibit discrimination. Few discrimination laws specifically deal with age as a protected category. Some jurisdictions recognize a category of contracts with minors that do obligate the minor, without regard to his or her disability of minority. That category generally involves the purchase of "necessities." It is not clear under what circumstances a hotel room would be deemed a "necessity." Some students might argue that a hotel room during a prom is indeed a necessity, but most courts and most parents would probably not agree. However, if a minor was traveling, encountered a car problem and needed a place to stay in the middle of the trip, that same hotel room might well be deemed a necessity.

Some states, Massachusetts and California, for example, permit a hotel to require that a parent guarantee, by credit card or otherwise, the obligations of the minor with respect to payment of the room and any damage that the under-aged guest might cause. In other states where no specific statute exists, such a requirement would be a practical, logical and reasonable policy for a hotel to adopt. In addition, the hotel should establish and publish its policies with respect to under-aged guests.

The key to successfully dealing with holdover guests and under-aged guests is clearly communicating the elements of the contract between the guest and the hotel. It is, of course, important as part of good relations with the guest and a positive check-in experience that these "contract" items be clear on the check-in forms and preferably pointed out by front desk personnel who obtain signatures and guest initials on key provisions. Often, front desk personnel will circle the dates of the reservation to confirm with the guest, at the time of check-in, that the information is correct and that the check-out time is made clear. With the under-aged guest, the policy should be published as part of the hotel’s policies on-line and on the room door disclosure cards. Not all under-aged guests are a problem, but it is important to deal with this in a manner that is guest friendly, and protective of the hotel.

By investing in well-trained management and staff who have an understanding of local and state innkeeper law, hotels can ensure consistently administered check-in policies and effective guest communications to proactively avoid having any of their guests become pests.

The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.