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In Florida when does a transient party, staying at a hotel,

Customer Question
In Florida when does...

In Florida when does a transient party, staying at a hotel, become a tenant for purposes of the hotel trying to evict the party for non payment of their hotel bill. In other words when does the hotel have to proceed under the Florida Statutes to evict the party by having to file an eviction action.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 10 months ago.Category: Legal
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Answered in 3 minutes by:
9/26/2017
Lawyer: Ely, Counselor at Law replied 10 months ago
Ely
Ely, Counselor at Law
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It does not matter if the person is transient or not. It matters if the property is a hotel. If it is a hotel, then Florida Statutes 509.141 et seq appy.

When the tenancy of the guest meets the requirements in said statute, an arrest can be made for refusing to vacate the premises without the need for eviction, after properly being directed to do so by the owner of the hotel. There must be a fact that the guest refused to depart after being notified by the owner/operator.

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Customer reply replied 10 months ago
I am an attorney and that is not what my research shows. If a party stays in a hotel for over 30 days and has no other residence and gets mail there, the case law has held that the party becomes a tenant and the hotel must file an eviction action to remove the tenant.
Lawyer: Ely, Counselor at Law replied 10 months ago

Hello,

I did not realize that you were counsel. If the premises clearly qualifies under the applicable law, a law enforcement officer should then consider the relationship between operator and the person whose arrest and removal is sought. If the guest is in transient occupancy, both owner and guest must intend that the occupancy was to be temporary. See Florida Statute 509.013(12). There is a rebuttable presumption that a tenancy is a transient occupancy if the unit occupied by the guest is not the sole residence of the guest. However, that presumption can be rebutted by the guest, of course. However in practical terms, it would be hardly possible for a transient guest to argue nuanced case law to a police officer in a situation when a LEO is called to the place. Practically speaking, the officer is simply more likely to threaten the guest with arrest unless they leave.

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Customer reply replied 10 months ago
I have been charged the full amount and I demand a refund as You opted out and no one has responded. I want to cancel my inquiry.
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