1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Motel tenants rights Eviction Process

Discussion in 'Other Residential Landlord & Tenant Issues' started by Adamphone41, Aug 9, 2017.

  1. Adamphone41

    Adamphone41 Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Iowa
    I am living in a motel. I pay weekly for a room. I have been there for over a month now and have fallen behind a week my landlord claims if we dont pay by tomorrow he will have my girlfriend and arrested for nonpayment can he do that.
     
  2. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,874
    Likes Received:
    2,781
    Trophy Points:
    113

    The arrest is not for non-payment, it's for trespassing.

    First he tells you to leave because you didn't pay. Then, if you don't leave, you are trespassing and he can call the police and have you arrested. The end result is the same if you don't pay tomorrow.

    There are more reasons at:

    https://www.legis.iowa.gov/docs/code/2017/137C.25C.pdf
     
  3. army judge

    army judge Super Moderator

    Messages:
    33,239
    Likes Received:
    5,318
    Trophy Points:
    113

    [soze=5]Iowa Hotel Laws

    Iowa Code > Chapter 137C > § 137C.25
    Iowa Code 137C.25 – Right of hotel operator to deny services

    1. A person operating a hotel has the right to refuse or deny the use of a room, accommodations, facilities, or other privileges of the hotel to any of the following:
    a. An individual unwilling or unable to pay for the room, accommodations, facilities, or other privileges of the hotel.
    b. An individual who is visibly publicly intoxicated or under the influence of alcohol or some other illegal drug, or who is disorderly so as to create a public nuisance.
    c. An individual the hotel operator reasonably believes is seeking to use a room, accommodations, facilities, or other privileges of the hotel for an unlawful purpose.
    d. An individual the hotel operator reasonably believes is bringing in anything which may create an unreasonable danger or risk to other persons, including but not limited to firearms or explosives.
    e. An individual whose use of the room, accommodations, facilities, or other privileges of the hotel would result in a violation of the maximum capacity of such hotel.

    2. A hotel operator who reasonably refuses or denies the use of a room, accommodations, facilities, or other privileges of the hotel pursuant to this section is not subject to any civil or criminal action or any fine or other penalty, unless the refusal or denial is a violation of state or federal law.

    Iowa Code 137C.25C – Right to eject

    An owner or operator of a hotel may eject a person from the hotel for any of the following reasons:
    1. Nonpayment of charges incurred by the individual renting or leasing a room, accommodations, or facilities of the hotel when the charges are due and owing.

    2. The individual renting or leasing a room, accommodations, or facilities of the hotel is visibly intoxicated, or is disorderly so as to create a public nuisance.

    3. The owner or operator reasonably believes that the individual is using the premises for an unlawful purpose including, but not limited to, the unlawful use or possession of controlled substances or the use of the premises for the consumption of alcohol by an individual in violation of section 123.47.

    4. The owner or operator reasonably believes that the individual has brought anything into the hotel which may create an unreasonable danger or risk to other persons, including but not limited to firearms or explosives.

    5. The individual is in violation of any federal, state, or local laws or regulations relating to the hotel.

    6. The individual is in violation of any rule of the hotel which is posted as provided in section 137C.25D.

    Iowa Code 137C.25D – Posting rules by owner or operator

    An owner or operator of a hotel shall post a copy of sections 137C.25 through 137C.25C, in addition to any rules established by the owner or operator of the hotel, in a conspicuous place at or near the guest registration desk and in each room of the hotel.
     
  4. army judge

    army judge Super Moderator

    Messages:
    33,239
    Likes Received:
    5,318
    Trophy Points:
    113

    Bottom line, amigo, if you're living in a hotel you don't have the protection of a tenant living under a lease.

    If you're renting a hotel room, the law considers you to be a guest.

    You're in a pickle, mate.
     
  5. Adamphone41

    Adamphone41 Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Thank you so much everything was very helpfull and i learned something new as well but now i must get all packed up i hate moving thank you all
     
  6. army judge

    army judge Super Moderator

    Messages:
    33,239
    Likes Received:
    5,318
    Trophy Points:
    113

    You're welcome, buddy.

    I hope things turn around for you.

    Just keep plugging away and sooner or later, you'll get that break everyone deserves.
     

Share This Page