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removed from property unlawfully Unlawful Eviction

Discussion in 'Commercial Landlord & Tenant Issues' started by schadplayman, Aug 3, 2016.

  1. schadplayman

    schadplayman Law Topic Starter New Member

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    Jurisdiction:
    Wisconsin
    I was at a motel for two months and the manager kicked me, my girlfriend, and our kids out because i asked him why he is going through my metally challenge friends fridge. I just asked why. He became upset by this and told me i had to leave. we had nowhere to go. He said he is kicking me out because he doesnt like me. He got in my face and started screaming at me and calling me stupid. I have this whole event on audio. Because of this we became homelss. We are now living in seperate homes and this has caused alot of stress on our family. He is from indian, I dont know if this is relevent. He has not given me my money back either.
     
  2. army judge

    army judge Super Moderator

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    Motels have the ability to remove, not evict guests.
    At a motel, you're a guest, not a tenant.
    If you believe you were abused, maltreated, or bamboozled; perhaps the police might listen to your story.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Exactly two months?
    Less than two months?
    More than two months?

    Give me the exact number of days or the beginning and ending dates. Be accurate. It's important.
     
  4. schadplayman

    schadplayman Law Topic Starter New Member

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    They won't.
    June 3rd to july23
     
  5. army judge

    army judge Super Moderator

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    Hotels may generally evict a guest and keep the room rental payment, despite the eviction, for the following reasons:

    disorderly conduct
    nonpayment
    using the premises for an unlawful purpose or act
    bringing property onto the premises that may be dangerous to others
    failing to register as a guest
    using false pretenses to obtain accommodations
    being a minor unaccompanied by an adult registered guest
    violating federal, state, or local hotel laws or regulations
    violating a conspicuously posted hotel or motel rule
    failing to vacate a room at the agreed checkout time

    Generally speaking, to avoid liability for evicting a guest, the guest must have refused to pay; or the innkeeper must reasonably have believed that the person used the room or premises for an unlawful purpose or brought a potentially dangerous object onto the premises.
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    United States Hotel Liability Law Summary and Law Digest
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    Innkeepers' Liens
    Many states have retained the common law right of an "innkeeper's lien." If a hotel has properly evicted a guest, or if a guest refuses to leave or pay, the hotel may take into its possession the personal property of the guest and hold it as security for hotel charges. Innkeepers' liens differ from others in that the hotel need not take physical possession of the guest's personal property, but may simply prevent its removal from the hotel until the debt is satisfied. Hotels cannot sell the goods or personal property until there has been a final judgment in an action to recover charges.
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    Chapt 140: sect 12C
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    Section 12C

    Refusal of accommodation in hotel to persons acting in disorderly manner; damage deposits

    Section 12C. (a) An innkeeper may refuse to admit or refuse service or accommodation in the hotel to a person who: while on the premises of the hotel acts in an obviously intoxicated or disorderly manner, destroys or threatens to destroy hotel property, or causes or threatens to cause a public disturbance; or refuses or is unable to pay for the accommodations or services. An innkeeper may require the prospective guest to demonstrate an ability to pay. An innkeeper may require a parent or guardian of a minor to accept liability for the proper charges for the minor's accommodation, board, room, or lodging; and any damages to the guest room or its furniture or furnishings caused by the minor, and provide a credit card to cover the charges. When the parent or guardian cannot provide a credit card, the innkeeper may require the parent or guardian to make an advance cash deposit in an amount not exceeding $100 for payment of any additional charges by the minor or any damages to the guest room or its furnishings. The innkeeper shall refund the damage deposit to the extent it is not used to cover any reasonable charges or damages.

    (b) An innkeeper may limit the number of persons who may occupy a particular guest room in the hotel.
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  6. schadplayman

    schadplayman Law Topic Starter New Member

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    I have violated nothing.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    In Wisconsin it takes 60 days for you to be a tenant and subject to the landlord tenant rules.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    There is no Chapter 140 in the Wisconsin statutes:

    Statutes

    Could you provide a link to the source?
     
  9. schadplayman

    schadplayman Law Topic Starter New Member

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    How bout the way I was treated for no reason
     
  10. adjusterjack

    adjusterjack Super Moderator

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    Wrong and illegal are two different things. I have not found any Wisconsin statute that prohibits a motel owner from ejecting a guest for "no reason" although I'm guessing that the owner will have one.

    Though I did find that the landlord tenant law that requires notice and cause does not apply to motel guests who have stayed at the motel for less than 60 days.

    Contact the WI DATCP and see if they can shed some light on the question:

    DATCP Home Consumers
     
  11. schadplayman

    schadplayman Law Topic Starter New Member

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    I have a 3 min 30 sec recording saying why he kicked me out. Cause I'm stupid and he doesn't like me. That's it. But ty
     

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