Innkeepers lien

B

bjsmoney

Guest
Jurisdiction
Colorado
My friend has been living in a Colorado hotel for more than a year. He recently was put into a skilled nursing center, and I am his Power of Attorney. The manager in the extended stay part of the hotel did not accept my Power of Attorney without calling my friend to verify that he had given it and was allowing me to remove his belongings.

The extended stay manger was extremely rude to me the whole time I was there. I asked about the room charges, figuring there was a balance due, she gave me a random figure, but even after asking 3 times she refused to give me a statement so I knew the amount due.

I was allowed to get most of the belonging from the hotel, but I kept asking about an expensive professional camera my friend had there. She told me she didn't know anything about it, only to find out later that it was in her office/room the whole time and she was very well aware that it was there. She told me I could not have the camera, she was keeping it because the bill was not paid. She was very upset when I asked for at least the memory card out of the camera.

I left that day not completely thinking straight, it was a very stressful day. 3 days later I went back to the hotel, asked for the hotel bill, and asked for something in writing from the hotel that they had the camera, that it would be returned to me upon payment of the bill, and the extended stay manager refused to give that to me. She also refused to show me proof that she still had the camera.

Because of her unusual behavior I fear that she has stolen the camera and it will never be returned to my friend even upon payment of the bill. I have been told that the extended stay manager is the ONLY manager I can deal with on this.

Am I asking to much for the hotel to provide a letter stating that the property will be returned and making sure that it is put someplace safe? By law do they have to provide some kind of documentation for this property? Can they be held liable if it goes missing or I never get it back?
 
Am I asking to much for the hotel to provide a letter stating that the property will be returned and making sure that it is put someplace safe? By law do they have to provide some kind of documentation for this property? Can they be held liable if it goes missing or I never get it back?

Sorry, but those questions are too abstract. There are many laws and many people routinely break them. Quoting laws doesn't make people obey them.

It's unfortunate that you are faced with this dilemma but here are some suggestions.

1 - Call the police and report that the manager stole the camera.

2 - There's nothing preventing you from dealing with the owners of the hotel instead of the manager. You can go to your Secretary of State or Corporation Commission website and find out who and where they are.

3 - Get your friend to give you specific power of attorney for the purpose suing the hotel for the actual cash value of the camera (replacement cost less depreciation). You might not actually be able to "represent" your friend in court, but a POA would allow you to file the lawsuit and serving that to the owners may get you some results.

4 - If all else fails, consult an attorney.
 
A police report regarding theft and likely unlawful entry into the room to obtain it will probably cause the manager to return it right away.
Police involvement should put the manager on the correct course to resolve any dispute about a bill.
I would start there and see where it leads. Hopefully you get an officer willing to help you and not one who just writes lazy reports.
 
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