Q&A: Evicting Guests and Encounters with Dangerous Substances

From time to time, AH&LA releases great Q&A topics for members. The AHLA Information Center is a free resource to members and can provide information on this and many other topics, however, neither the Information Center nor this article should be taken as a substitute for advice from a qualified legal professional. For more information, contact Kyle Howton and the AHLA Information Center (713) 743-6797 or informationcenter@ahla.com.

Q: What is the best advice for evicting a guest?
A: It may depend on the situation and why you need to remove the guest. If a guest is unable to pay for the room, the first step should be to communicate with the guest and get an understanding of the situation as well as notifying the guest of the hotel's next steps if the guest is unable to pay, such as locking them out of their room or calling law enforcement. An Oklahoma hotel may evict a guest for nonpayment of charges for accommodations and services. See 15 O.S. § 508.  Oklahoma law does not contain a provision allowing a hotel to force out a guest at the end of his/her reservation; therefore, it appears that a hotel cannot evict a guest who is still willing to pay the room rate.

Have they overstayed their reservation? If the guest has been staying on the property long enough to qualify as a permanent resident, as oppose to a transient guest, evicting them, even for non-payment, becomes a bit trickier. This is sometimes referred to as "the 30-day rule", meaning if the guest has been on your property for more than a month they are considered a permanent resident and the relationship between hotel and guest is more like one of landlord and tenant. Thus, once a guest is considered a permanent resident removing them for any reason should follow the laws and ordinances governing landlord/tenant relationships. The Oklahoma Residential Landlord/Tenant Act does not apply to “transient occupancy in a hotel, motel, or similar lodging.”  41 O.S. § 104.  The Act does not specify how long a guest must stay before he/she is considered a tenant rather than a transient occupant.  If a guest is considered a tenant, the hotel must give the tenant five days’ notice before beginning eviction proceedings.  See 41 O.S. § 7.

There are a few other reasons a hotel may want to remove a guest from their property, such as behavior which is disrupting other guests. If someone is drunk and causing problems, the best course of action may be to call local law enforcement and let them handle the situation. In fact, regardless of the reason, if it is necessary to evict a guest and the guests seems as though they may be a risk to hotel staff or someone else, it is always best to call the police rather than putting management or staff at risk.

The Educational Institute provides a useful resource for knowing more about laws affecting the hotel industry, Understanding Hospitality Law.
 

Q: How can I help protect my housekeeping staff from encountering dangerous substances such as fentanyl or a hypodermic needle left behind by hotel guests?

A: There have been stories in the news lately about the rise of synthetic opioid abuse and stemming from that, the potential dangers of trace elements of fentanyl left behind. Fentanyl can be highly dangerous and a small amount touching the skin or inhaled can cause serious harm. Having housekeeping wear gloves and surgical masks can go a long way to help prevent incidental contact with a foreign substance. Furthermore, educating staff to look out for the possible symptoms and side effects of fentanyl contact could help save a life.

There are other fears beyond contact with synthetic opioid. Reports that hypodermic needles have been left behind by guests are very alarming as well. Again, having staff wear gloves and training them or the proper disposal of hypodermic needles can prevent a potential accident.Hospitalitylawyer.com offers some advice on handling needles, syringes, and other sharp objects.

One last note, if you believe illegal drug use may have occurred on your property, a safe course of action may be to notify local law enforcement.  If the hotel room may be a crime scene, it's best to leave everything as is and let law enforcement investigate.