When Does a Hotel Guest Become a Tenant in Florida?

In Florida, a hotel guest may become a tenant when they stay for more than 30 days and establish residency. This is defined by Florida law as tenancy by sufferance.

This type of tenancy is known as “tenancy by sufferance” and can be problematic for both the hotel and the guest. The hotel may be required to follow eviction procedures, while the guest may suddenly find themselves subject to tenant rights and laws they were not aware of.

It is important for both parties to be aware of the possibility of this situation and take steps to prevent it from occurring.

Defining Hotel Guests And Tenants In Florida

Clarifying The Distinction Between Hotel Guests And Tenants

Florida law defines hotel guests and tenants differently. It is important to understand the difference between the two, as it affects a hotel’s legal obligations towards its guests and tenants.

Hotel Guests

Hotel guests are individuals who rent a room in a hotel for a short period of time, generally less than 30 days.

In Florida, hotels are legally obligated to provide guests with suitable accommodations, safe premises, and other amenities expected from a hotel.

Tenants

Tenants, on the other hand, are individuals who rent a room in a hotel for an extended period of time, generally over 30 days.

Unlike hotel guests, tenants have legal rights under Florida landlord-tenant law.

This means they are entitled to a written lease, suitable accommodations, working utilities, and protection from eviction without proper notice.

The Legal Implications Of A Guest Becoming A Tenant

In some cases, a hotel guest may become a tenant if they stay for an extended period of time. This can have significant legal implications for both the guest and the hotel.

When Does A Guest Become A Tenant?

In Florida, a hotel guest becomes a tenant if they have stayed in the hotel for more than 30 days, and the hotel accepts payment on a monthly basis.

This is known as a tenancy at will.

Legal Rights Of Tenants

As mentioned earlier, tenants have legal rights under Florida landlord-tenant law.

If a hotel guest becomes a tenant, they are entitled to a written lease, suitable accommodations, working utilities, and protection from eviction without proper notice.

Legal Obligations Of Hotels Towards Tenants

Hotels that rent out rooms for more than 30 days are considered landlords under Florida law.

They have the same legal obligations to tenants as any other landlord would towards their tenants.

This means they must maintain the premises, provide necessary repairs, and follow proper eviction procedures if necessary.

Understanding the difference between hotel guests and tenants is important, as it affects a hotel’s legal obligations towards those individuals.

If a hotel guest becomes a tenant, they have legal rights just like any other tenant under Florida landlord-tenant law.

Hotels must follow proper procedures and maintain the premises if they rent to tenants for more than 30 days.

Factors That Might Lead To Guest-Tenant Transition

The hotel industry in Florida is a booming sector. However, what should you do when you realize that a hotel guest has overstayed his welcome, has formed a permanent residence, and has become a tenant?

Let’s highlight the factors that might lead to guest-tenant transition.

The Duration Of Stay

A hotel may think that a guest who stays for an extended period is only in short-term lodgings. However, that is not always the case.

There is no fixed time that determines the transition from a guest to a tenant, but it generally depends on the length of stay.

If a guest has stayed for more than 30 days with no intention of extending or has only extended once or twice, the guest may qualify as a tenant.

Payment Frequency And Method

When a guest files for a room, they pay per night or per week. If the guest receives a bill on a monthly basis or provides payment through a monthly check, they may transition into a tenant.

It would be best to prevent the guest from transitioning into a tenant by changing the payment plan to a shorter term in these cases.

The Relinquishing Of Control Over The Room

One of the consequences of classifying a guest as a tenant is that the tenant gains a legal right to the room.

The longer a guest stays in the room, the more likely it will become a tenant’s permanent place of residence.

Tenants often have more control over the rental space and have the right to exclude hotel staff from entering the room unless necessary.

To summarize, once a guest does more than just stereotypical hotel activities, such as ordering room service and using the pool, and starts to engage in activities that demonstrate that the room is now their permanent residence, it is time to redefine their status.

As long as the hotel is clear about its intentions and the guest and the tenant are informed, this should not be a challenge.

The Importance Of Intent In Determining Hotel Guests Vs. Tenants

If you’re renting your property, it’s important to know the legal distinction between a hotel guest and a tenant in Florida.

A hotel guest is someone who rents a room on a short-term basis for leisure or business purposes.

In contrast, a tenant occupies a property for an extended period and has an ongoing rental agreement with the landlord.

Understanding the difference between the two is crucial, particularly if you’re a landlord or hotel owner.

Let’s discuss the key factors that determine whether a hotel guest has become a tenant in Florida.

The Role Of Perceived Intent

One of the key factors in determining whether a hotel guest has become a tenant in Florida is the guest’s perceived intent.

The guest’s intent is a crucial element in making the determination, so it’s important to examine their behaviour and actions in the context of their stay at your hotel.

Here are some points to consider:

• If a guest originally checked into a hotel room for a short-term stay and later asked to extend their stay, it is best to have them sign a new agreement to be safe.
• If a hotel guest starts receiving mail at an address, this can indicate that they’ve formed an ongoing residence and should be treated as a tenant.
• If a guest has stayed in a hotel room for an extended period, this may indicate that they’ve formed a long-term residency. To avoid confusion, hotel owners or landlords may want to renew the rental agreement regularly.
• If a guest has a substantial amount of personal property in the hotel room, this may indicate that they haven’t been using the room as a temporary residence.

Review Of Relevant Case Law

Case hnbp associates v. County of Lake showed that the courts looked at the entire period of the guest’s stay to determine if the guest has become a tenant.

Other events that led to a court ruling in favour of the tenant include:

• The guest had evidence of failed business activity in the area,
• There was a significant amount of personal property in the hotel room and
• They had paid a fixed weekly rate.

On the other hand, in the case of in re: the arbitration between deer valley resort company, LLC, petitioner, v. steven langenwalter, respondent, a guest who had paid daily rent was determined not to have become a tenant.

It’s important to understand the difference between hotel guests and tenants in Florida.

A hotel owner or landlord should be aware of the key factors that could indicate a guest has formed an ongoing residency, including the role of perceived intent and the review of relevant case law.

Factors That Could Tip The Scale From Guest To Tenant

The line between a hotel guest and a tenant can be blurry, but it’s essential to determine this distinction accurately.

Tenants have more rights than guests, and failure to recognize this difference could lead to legal repercussions.

In Florida, it’s not easy to determine when a hotel guest becomes a tenant, but some factors could signal the transition.

Establishing Exclusive Possession Of The Room

Exclusive possession is a vital factor in determining whether a guest has become a tenant.

If a hotel guest has exclusive possession of the room, they could be considered a tenant instead.

This means they have complete control over the room’s use and access to it unless the hotel legally terminates their lease.

Here are some factors that could establish exclusive possession:

• The guest has a set check-in and check-out date.
• The guest has a key to their room and can access it at any time without hotel personnel present.
• The hotel does not have the right to move the guest or their belongings to a different room without their consent.

Changing Locks Or Barring Hotel Personnel From Entry

If a hotel guest changes the locks on their room or bars hotel personnel from entering, this could be interpreted as a signal that they’ve become a tenant.

This action shows that they have exclusive possession of the room and want to protect their privacy.

However, if the hotel allows guests to change locks, it’s not a conclusive factor in determining whether they’ve become tenants or not.

Converting The Room Into A Permanent Residence

When a hotel guest converts a hotel room into a permanent residence, it is a clear indication that they have become a tenant.

While there is no specific timeline for this conversion, hotels can use the following factors to determine when it has happened:

• The guest has been living in the hotel for an extended time.
• The guest has brought in personal items such as furniture or kitchen appliances.
• The guest has registered to vote, filed taxes, or received mail at the hotel address.

Hotel Owners And Landlords’ Obligations Towards Tenants

When it comes to hotels, guests are expected to pay for their stay, and then leave upon check-out. However, there are occasions when a guest may become a tenant.

This can occur when the guest stays for an extended period or when they fail to leave after their reservation has ended.

In the state of Florida, hotel owners and landlords have specific obligations toward tenants.

Review Of Florida’S Landlord-Tenant Laws

To understand hotel owners’ and landlords’ obligations towards tenants in Florida, it’s essential to review the state’s landlord-tenant laws.

These laws apply to tenants who rent an apartment, a single-family home, or a hotel room for an extended period. The following are some key points under Florida’s landlord-tenant laws:

• A tenant has the right to privacy and peaceful enjoyment of their home. Landlords can’t enter the property without notice, except in emergencies, and can’t change the locks without the tenant’s consent.
• A landlord must provide a safe and habitable home for their tenant. This includes ensuring that the property meets building codes, is free of pests and mould, and has working plumbing and electrical systems.
• A tenant’s security deposit is refunded within 15 to 60 days after they move out, depending on the circumstances.
• If a landlord fails to meet their obligations, tenants have the right to withhold rent or terminate their lease, following proper legal procedures.

Details On Required Amenities, Maintenance, And Repairs

When a guest becomes a tenant, hotel owners and landlords must provide specific amenities, perform maintenance tasks and repairs, and follow other obligations.

Required amenities:

• A working smoke detector and carbon monoxide detector must be installed.
• Air conditioning and heating must be provided, depending on the time of year.
• Clean linens and towels must be provided at least once a week.
• Access to a kitchen or kitchenette, equipped with functioning appliances and cooking utensils.

Maintenance and repairs:

• The property must be kept clean and well-maintained.
• Any repairs needed must be done promptly, such as fixing a leaky faucet or replacing a malfunctioning appliance.
• Heating and cooling systems must be inspected and maintained regularly.
• The property must have adequate hot water for the tenant’s needs.

It’s essential to note that hotel owners and landlords must provide these amenities and maintenance tasks, even if the tenant is not paying traditional rent.

Frequently Asked Questions For When Does A Hotel Guest Become A Tenant In Florida

Conclusion

Navigating the line between hotel guests and tenants in Florida can be tricky. Know your rights!

The 30-day rule usually applies, but you should always verify specifics with your accommodation provider. Stay informed, stay in control, and enjoy your stay.

Reference
https://www.fdacs.gov/Consumer-Resources/Landlord-Tenant-Law-in-Florida