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motel resident rights

Discussion in 'Other Residential Landlord & Tenant Issues' started by shannondd, Jul 11, 2019.

  1. shannondd

    shannondd Law Topic Starter New Member

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    Jurisdiction:
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    I am employed by a motel at which im also a resident i never see my paycheck they put it towards my room all of a sudden they are saying that we may have to start moving out every 28 days is this legal?
     
  2. justblue

    justblue Active Member

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    What do you mean "start moving out every 28 days"? Do you get a pay-stub?
     
  3. shannondd

    shannondd Law Topic Starter New Member

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    They said that we might have to start moving out every 28 days so we are not considered residents and no i never have recieved a pay stub only sign my time card.
     
  4. army judge

    army judge Super Moderator

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    You might wish to do two things.

    Contact the state agency that oversees law:

    Oklahoma Department of Labor - Home

    The arrangement you describe MIGHT have some legal difficulties which could be to your advantage.

    I am NOTsaying it is illegal as I don't know enough (nor do I wish to know more) details, but it might be worth your time to ask the fine people at the state agency I posted above.

    The reason you must check out every 28 days is to keep you paying state and local taxes on your room occupancy.

    It also allows the hotel to avoid eviction if they want you booted.

    As a hotel guest a hotel can simply have the police remove you if theywant out.

    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.

    In Oklahoma, are guests exempt from hotel tax after they have stayed for over 30 days if there was advance notice that the stay would be for over 30 days?
    Yes or No. Only exempt in Oklahoma if the hotel primarily operates as an apartment like provider and then no hotel tax would be due. Would be rare since hotels more often will be primarily characterized as hotels. Not at the state level. Some municipalities/counties grant this exemption from local hotel tax.
     
  5. zddoodah

    zddoodah Well-Known Member

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    I'm not sure what "start moving out" means or why your employer would think it would have bearing on whether or not you are "considered residents." I assume Oklahoma law requires that you get a pay stub, even if all your pay goes to your housing.
     
  6. shrinkmaster

    shrinkmaster Well-Known Member

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    Here in CA a "guest" of a Hotel may only stay for so many days in a row. (Not sure number) in many counties. This is to help these tenants from getting trapped in Hotel and never being able to leave.
     
  7. PayrollHRGuy

    PayrollHRGuy Active Member

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    And how does it do that?
     
  8. Zigner

    Zigner Well-Known Member

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    I took the statement as being a bit tongue-in-cheek ;)
     
  9. cbg

    cbg Super Moderator

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  10. shrinkmaster

    shrinkmaster Well-Known Member

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    Many years ago my kids and I were in a Motel for duration of time (several weeks spanning into more than a month. Motel Manager (this was Orange county CA) told me law prohibited stays over certain period of consecutive days (forgot number). so we had to move out for a day or more and come back. This was due to many low income families being trapped in Motel as they could afford a week or so but not a month or more rent amounts. They had no real means to save so were "trapped". This situation may be the same as OP is being told he has to move every 28 days.
     
  11. justblue

    justblue Active Member

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  12. Zigner

    Zigner Well-Known Member

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    The policy is to prevent one from establishing tenancy and may be illegal in California, depending on the specifics of the matter.

    (I'm not sure if the laws were the same many years ago, but that's how they are now ;) )
     
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  13. cynthiag

    cynthiag Active Member

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    "You can check out any time you like, but you can never leave..." Oh great, now I've got the song Hotel California stuck in my head!
     
  14. justblue

    justblue Active Member

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    The "cure" for an ear-worm is to listen to the song... ;)
     
  15. cynthiag

    cynthiag Active Member

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    Not for me it isn't. I usually have to listen to something very different, like heavy metal, to finally blast it out of my head. Kind of the equivalent of scrubbing it out of my brain with a wire brush! :)
     
  16. justblue

    justblue Active Member

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    Here you go...

    immigrant song led zeppelin - Bing
     
  17. cynthiag

    cynthiag Active Member

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    I love Immigrant Song.

    I've been a huge rock fan all my life and have always leaned toward the heavier/metal end and we tend to listen to a lot of classic heavy rock in my household. My husband plays the drums and dabbles with guitar and that's mostly what he plays.

    Our house was where my grandkids all got introduced to rock music, and we never realized the impact it had until one day my DIL called me and said she hadn't been feeling well and the 2-year-old had started stroking her hair and humming to her, trying to be soothing. She couldn't tell what she was humming at first but then she realized it was the guitar intro to "Smoke on the Water". :)
     
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  18. justblue

    justblue Active Member

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    My ex (2 daughters father) is a really good guitarist ....REALLY GOOD...He attempted to teach the girls but sadly they get their musical ability from me.

    But there was no Brittney Spears or Justin Bieber crap coming out of their sound systems...My girls like the good stuff!!
     
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