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Blake, Lawyer
Category: Legal
Satisfied Customers: 43
Experience:  Counsel at Warningstar Intelligence
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Is it legal employees to enter a room with a Do not disturb

Customer Question

Is it legal for hotel employees to enter a room with a Do not disturb sign on it
Submitted: 3 months ago.
Category: Legal
Expert:  Attorney2 replied 3 months ago.

Welcome and thank you for using JA. Since a hotel is a private business (not government) we would need to see the hotel policy with regard to a do not disturb sign. I would be very unhappy if an employee entered my room and that sign was posted.

There are situations when the hotel reserves the right to enter. That being said they must disclose this in their policies and if they violated their policies you have a law suit against them and should file consumer protection complaint against them. Do you have a copy of the policy you can attach or can you give me the hotel name so I can see if they post this information onli

Expert:  Attorney2 replied 3 months ago.

"Right of Privacy in Hotel Room Lawyers

Can a Hotel Employee Enter My Room without My Permission?
Generally, if you are using your hotel room in an ordinary way, then you have a limited right of privacy in the room. However, if the hotel believes that you are engaging in illegal acts, then hotel management has the right to enter and search your room without your permission. Under no circumstances can the hotel authorize the police to conduct a search of your room without your consent or without a proper search warrant.

Are There Other Legitimate Reasons Why a Hotel Employee May Enter My Room?
Yes there are several other legitimate reasons why the hotel may instruct employees to enter your room:

  • To stop you from disturbing other guests or from destroying hotel property;
  • To carry out housekeeping duties; or
  • To perform necessary maintenance.

Can the Hotel Disclose Which Room I Am Staying In?
No. It is a violation of your right of privacy if the hotel discloses to another person which room you are staying in. However, a hotel may disclose whether or not you are a guest at the hotel unless you expressly instruct them not to do so.

Do I Need a Lawyer?
If you feel that the hotel management has authorized an illegal search of your hotel room in violation of your right of privacy, speak to an attorney. If police were involved, a qualified attorney will be able to determine whether the police followed the proper procedure in conducting a search, even if they had a search warrant."

"Do Not Disturb: Fourth Amendment Expectations of Privacy in Hotel Rooms"

"Is there a right to privacy in my hotel room?

Generally, yes, you have a right to expect privacy in your hotel room as long as you are using the hotel room in a normal, responsible way. However, if you are engaging in anything illegal or disturbing other guests, hotel management can enter your room without your permission.

Note that hotel management, not the police, can enter the room without your permission and hotel management cannot give the police permission to search your room. The police must go through the usual process, which usually means getting a warrant before they are allowed to search your room.

A final exception to your right to privacy is for cleaning and maintenance. Hotel management does have the right to enter your room to clean or perform necessary maintenance."

This is the general law unless the hotel has made you aware of another policy. This may have been a breach of right to privacy and you may have a case against the hotel. Which county is the hotel located in so I can provide a link for a FREE consultation with a constitutional rights attorney?

Please do not hesitate to ask me ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service so I may receive credit for my work I would appreciate it.

Expert:  Blake replied 2 months ago.

Hello, as you can see from the other expert who answered above, this issue can be complicated. Please let me know if you would like any more explanation or information on this and I will be happy to assist.