What are my rights regarding being kicked out of motel I’ve lived in for 5 months
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What are my rights regarding being kicked out of motel I’ve lived in for 5 months
My family and I have lived in extended stay motel for 5
months the. Owner says we need to check out today, times
up. Is that legal? We don’t have the right to more to e or
notice?
Asked on June 2, 2019 under Business Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
This is likely illegal, unless you have failed to pay (or have paid on your behalf) for the hotel stay: Oklahoma law as a general matter does not allow a hotel to evict a guest who is willing and able to pay the room rate. The expiration of the reservation period is not good grounds to remove the guest so long as the room is being paid for.
Furthermore, at some ill-defined (i.e. not specifically set) point in time, a guest who's been there long enough transitions to being a "tenant" for purposes of having to be evicted according to OK landlord-tenant law. That means that even if there were valid grounds for eviction, 5 day notice would be required.
In short, it does not appear to be legal, and if locked out, go to the local county court, explain what happened, and ask for the forms and instructions to file a legal action to be let back in (or better yet: retain an attorney to help you).
Here's a link to a document by the Oklahomoa Hotel and Lodging Assocation with some useful information: https://www.oklahomahotels.org/faq.php
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