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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have been living at the holiday inn express (in CA) a

Customer Question

I have been living at the holiday inn express (in CA) for over a year. I was served a 3 day notice. We have never left our room but have checked in and out about 5 times (or so) on paper. We pay no sales tax. Management does has full access, maid service, cent telephone, and food service. No fireproof safe iin the room but maybe at the front desk. Can they lock us out or do they have to file a UD? Thank you for any good advice. J
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

The hotel must go through the Unlawful Detainer process to evict you.

While your position may be "borderline" regarding the tenancy - the fact that you have been living there for over a year as your primary residence is going to tip the balance in favor of this being deemed an "unlawful detainer" matter, and any attempt to simply change the locks on you will be an "illegal eviction" and you can sue the hotel for damages (these damages will of course be offset against the damages you owe them, but it is a claim you can raise).