Hotelkeepers’ Liens

A hotelkeeper’s lien is a legal right that allows an innkeeper or hotel owner to hold onto a guest’s personal property if the guest fails to pay for the accommodations or services provided at the hotel. This lien is a security interest in the personal property of the guest, ensuring that the hotel gets paid for the services it provides.

Are Hotelkeeper’s Liens Required Under Law?

The availability and procedures surrounding hotelkeeper’s liens vary by jurisdiction. Many jurisdictions recognize the right of innkeepers to enforce such a lien as a means of securing payment from guests. However, the specific requirements and limitations of the lien often depend on local statutes and regulations. It’s always important for both guests and hotel owners to familiarize themselves with the local laws regarding these liens.

As such, here are some examples of places that have hotelkeeper’s liens and their characteristics.

California

Hotels may evict guests who refuse to depart at checkout, with proper notice of checkout time and a need to accommodate another arriving guest. If a guest refuses to leave, the hotel owner may enter the room and take possession of the guest’s personal property, re-key the door, and make the room available to new guests. The personal possessions may be sold to enforce an innkeeper’s lien.

Florida

In addition to the usual reasons for evicting guests, Florida hotels may evict a person for injuring the facility’s reputation, dignity, or standing. Florida also has a statute that allows hotels to detain the baggage and effects of a guest who fails to pay their bill until the bill is paid or a court orders it otherwise.

Georgia

Georgia has a very comprehensive statute that expressly outlines the rights and duties of hotels; much of it is carried over from common law. Georgia hotels may refuse to admit or may eject a guest for various reasons, such as nonpayment, disorderly conduct, intoxication, or using the premises for unlawful purposes. Georgia hotels may also retain the baggage and other property brought into the hotel by a guest until all charges are paid.

Kansas

Kansas adds a few more categories to the general rights to evict guests:

• Failing to register as a guest;
• Using false pretenses to obtain accommodations;
• Exceeding the guest room occupancy limits; or
• Being a minor unaccompanied by a parent or guardian.

Kansas also allows hotels to sell the personal property of a guest who fails to pay their bill after giving notice and waiting for 60 days.

What Kinds of Property Can Be Subject to a Hotelkeeper’s Lien?

Typically, the personal property that can be subjected to a hotelkeeper’s lien includes the belongings that the guest brings into the hotel, such as luggage, clothing, and other personal items. Some jurisdictions might limit the types of personal property on which a lien can be placed, excluding items like essential medications or certain valuables.

However, real estate or vehicles are generally not subject to a hotelkeeper’s lien. This is for several reasons:

• Nature and Purpose of the Lien: Hotelkeeper’s liens are designed to provide a relatively quick remedy to innkeepers when guests don’t pay their bills. The idea is to give the hotel a way to recover costs by selling items that are easily accessible within the hotel premises. Real estate and vehicles, by their nature, aren’t within the confines of the hotel, making it logistically difficult to enforce such a lien on them.
• Value Discrepancy: Personal property like luggage and its contents usually has a value that’s proportionally much smaller than the amount owed to the hotel. Vehicles and real estate, on the other hand, can have values far exceeding any possible hotel bill. Seizing and selling such high-value items for a comparatively small debt might be seen as excessive and disproportionate.
• Jurisdiction and Legal Complexities: Real estate, in particular, is governed by a separate set of laws and regulations. Enforcing a lien on real estate would entail a much more complicated legal process. Vehicles, while movable, are also often governed by separate regulations, requiring proper documentation, title transfers, and other procedures that make them less straightforward to seize and sell than personal items.
• Public Policy Considerations: Allowing the innkeeper to enforce such a lien on real estate could be seen as too punitive and might deter people from staying at hotels, especially if they fear their high-value assets could be at risk.
• Practicality: The process of selling personal belongings, like clothing or electronics, is much simpler and less time-consuming than selling a car or real estate. The idea behind a hotelkeeper’s lien is to provide a quick remedy. This would be negated if the hotel had to go through the lengthy process of selling more substantial assets.

For these reasons, a hotelkeeper might have a right to the contents of a guest’s room in some jurisdictions. However, they typically don’t have rights to assets like vehicles or real estate properties, even if the guest uses them during their stay.

Can I Challenge a Hotelkeeper’s Lien?

Yes, you can challenge a hotelkeeper’s lien if you believe it’s been unjustly enforced. For instance, there could be a dispute about the owed amount due to fraud or misrepresentation on the part of the hotel. If this is the case, the guest may have a valid reason to challenge the lien.

If the hotel accidentally overcharged you or made an error in calculating the total amount due, this would also be a valid ground to challenge the lien.

Steps to Challenge a Hotelkeeper’s Lien

Here are the steps involved in challenging a hotelkeeper’s lien.

1. Review Your Receipts and Agreement: Before making any formal challenge, review your receipts, booking agreements, or any other related documentation to ensure there was indeed an error or misrepresentation.
2. Contact the Hotel Management: Initiate a dialogue with the hotel management to address your concerns. Sometimes, misunderstandings or clerical errors can be resolved amicably without resorting to legal measures.
3. Gather Evidence: If you believe you’re being unfairly treated, gather all pertinent evidence. This could be photographs, witness statements, email exchanges, or any other proof that support your claim.
4. Consult with a Lawyer: If the dispute remains unresolved, consider seeking legal advice. A lawyer can provide clarity on your rights and the best way to challenge the lien.
5. Formal Dispute: Lodge a formal complaint with the relevant consumer protection agency in your jurisdiction, detailing your grievances and providing supporting evidence.
6. Legal Action: If all else fails and you believe you have a strong case, you might consider taking legal action. With the guidance of your lawyer, you can file a suit against the hotel for wrongfully enforcing a lien against your property.
7. Alternative Dispute Resolution: As an alternative to court proceedings, you might consider mediation or arbitration. These methods can be less time-consuming and costly than traditional court cases and might result in a mutually satisfactory resolution.

Remember, while challenging a hotelkeeper’s lien, it’s crucial to remain calm, patient, and objective. Seek legal counsel when necessary and strive for amicable resolutions whenever possible.

Do I Need a Lawyer for Assistance With a Hotelkeeper’s Lien?

If you find yourself facing a hotelkeeper’s lien or if you’re an innkeeper wanting to enforce one, it’s advisable to seek the guidance of a legal professional. A commercial lawyer can provide clarity, help safeguard your rights, and ensure you’re on the right side of the law.

Are you in need of assistance? Connect with an experienced commercial lawyer through LegalMatch to guide you through the process and ensure the best outcome for your situation.