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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102316
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I live in an extended stay room in Kentucky, we're stuck

Customer Question

I live in an extended stay room in Kentucky, we're stuck doing so for various reasons and have lived here several months now. Out of nowhere now, the hotel management is asking us to move out. She seems to have a problem with the fact that I work from home (though I'm not running a business out of my room, just working). Regardless, I dont really care that much, I will move, i dont want to be where I'm unwelcome.
My question is what are my rights with regards ***** ***** much time I can take to leave? It seems unreasonable that she can ask me to l eave somewhere I've lived 6 months in just a day's notice.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1) On the contract, are you listed as a tenant, or, as a hotel guest? Or, not sure?

2) How often do you make payment?

3) Do you have a written contract, or not? Or you did, but it now expired and the matter is verbal?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 10 months ago.
1) I'm not really sure, I dont recall filling out anything specific to it. We came here intending to stay a few nights in a daily room. We were involved in a car accident totalling our car, so we decided to just stay here until we got some things straightened out with that and moved over to their extended stay rooms. When we moved to the extended stay rooms, there was no new contract, but they did acknowledge my residence here after 30 days because I ceased having to pay tax on the room after 30 days.2) Weekly, though this week she's not accepting my payment and just asking us to leave by tomorrow.3) No written contract, we just asked to move to an extended stay room and they started taking the rental fee for the new room.All we want is a reasonable amount of time to move out, because I dont even have a car right now.
Expert:  Ely replied 10 months ago.
Thank you. On this website, I do not always get to give good news, and this is one of these times.
It sounds like someone in your situation is a hotel guest, and not a tenant. If so, then normal tenancy rights do not apply. Hotel guests may be asked to leave without a "pre set date," once their days/nights that they paid for are over.
As so, they cannot kick you out if the week has been paid in advance. But once that week has been completed, they can ask someone in your situation to leave and do not have to provide a set number of days. Even if someone in your situation has essentially lived in the hotel for a while. I am sorry.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 10 months ago.
I had read in many places that you take on tenant rights after living somewhere for 30 days or more, is that simply not the case in Kentucky?
Expert:  Ely replied 10 months ago.
I am sorry, but that is an oversimplification. So it is not quite true every time.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 10 months ago.
Oversimplification or not, what is required for that to be the case with an extended stay hotel room?
Expert:  Ely replied 10 months ago.
The original contract would have to have the person as a TENANT specifically, not a guest. This would make this a landlord/tenant relationship.
Once the original contract expires, this then falls into a verbal landlord/tenant relationship. This would then require a 7 day notice prior to eviction. Kentucky Revised Statute Secs. 383.660 et seq.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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