Los Angeles Eviction Lawyer Blog

Guest in certain categories of hotel and motel are not considered to be tenants, are not subject to California landlord tenant law.  Therefore, they are not entitled to notice before their occupancy is terminated.

Under CCP Section 1161, a “tenant” is “any person who hires real property” except those persons whose occupancy is described in Civil Code Section 1940(b):

(a) Persons who maintain transient occupancy in a hotel, time-shares, or other facility, subject to the hotel tax under Rev &TC 7280;

(b) Persons who ahve ot made valid payment for all room and other related charges owing as of the last day on which the occupancy is or would  be subject to that tax; or

(c)  Person who maintain occupancy in a hotel where the management retains a right to enter and control the rooms, and offers all the following services to every resident:

- facilities for safeguarding personal property; central telephone service;

- maid, mail, and room services; occupancy for fewer than 7 days; and

- food services meeting specified requirement.