Hotel, Restaurant, and Travel Law:
A Preventive Approach,
Seventh Edition
Chapter 9
Rights of Innkeepers
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Introduction
 Patrons are the lifeblood of hotels and
restaurants
 Unruly or belligerent customers can
 Interfere with the enjoyment of other patrons
 Damage the reputation of the business
 Hotels and restaurants may not want to serve
such people
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Right to Exclude Nonguests
 Innkeepers and restaurateurs extend an
implied invitation to all, including
nonguests, to enter their facility
 Public’s presence on the premises does not
constitute trespass
 Trespass—legal wrong consisting of
entering or remaining unlawfully on a
premises
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Right to Exclude Nonguests
(continued)
 Implied license for nonguests can be
revoked by the innkeeper at any time
 Persons entering a hotel who are not
guests and do not intend to contract
for a room are required to leave the
premises if asked
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Right to Exclude Nonguests
(continued)
 Person who has been requested to
leave and fails to do so becomes a
trespasser
 Operator may use reasonable force to
evict a trespasser—only after being
asked and trespasser refuses
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Right to Exclude Nonguests
(continued)
 Only amount of force that is
reasonably necessary to remove
trespasser is permitted
 More force than is reasonably
necessary is considered excessive
force and may be grounds for a
lawsuit
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Right to Exclude Nonguests
(continued)
 Best practice
police
(if time permits)
is to call the
 Officers are trained how to effectuate the
removal of a troublesome patron
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Refusing Lodging to a
Would-Be Guest
 A hotel cannot refuse accommodations
to anyone seeking them if rooms are
available
 True regardless of the time of the
guest’s arrival
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Refusing Lodging to a
Would-Be Guest (continued)
 Exceptions:
 Hotel has no vacancies
 No vacancies can exist even if rooms are
unoccupied
 Being painted, refurbished, repaired
 Being held for reservations
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Refusing Lodging to a
Would-Be Guest
(continued)
 Exceptions:
(continued)
 Can refuse persons who are:





Criminals
Intoxicated
Disorderly
Unclean and unkempt
Suffering from contagious disease
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Refusing Lodging to a
Would-Be Guest
Cont’d.
 Exceptions:
(continued)
 Persons of bad reputation
 Persons not able or willing to pay in
advance a reasonable price for a room
 Persons with:
 Firearms or explosives
 Pets (excluding service animals)
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Consequences of Wrongful Refusal
 Excluded guests can sue for damages
 May include additional expenses of staying at
another hotel
 If refusal is based on race, religion, sex, or
disability
 Hotel must pay fine for wrongful exclusion in
addition to damages
 Remedy under civil rights law would bar further
discrimination
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Age
 Not a protected class in places of
public accommodation
 Restaurateurs can refuse to serve a
young person
 A young person is entitled to hotel
accommodations unless an exception
applies
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Selecting Accommodations
for a Guest
 Which room is assigned to a guest
has always been the innkeeper’s
prerogative
 A hotel might be well-advised to
accommodate guest preferences
 Guests have no legal recourse if
denied their preference
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Changing a Guest’s Accommodation
 Not good policy to change a room or
move a guest’s possessions without
notice or permission
 Should be avoided unless reasons are
compelling
 Inform guest of impending change
and provide an explanation
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Entering a Guest’s Room
 Innkeeper may enter only for
reasonable purposes:
 Normal maintenance and repair
 Imminent danger
 Nonpayment
 When entry is requested by the guest
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Entering a Guest’s Room
(continued)
 Emergency conditions impose a duty
to enter a guest’s room to eliminate
the danger
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Evicting a Guest
 Innkeeper has the right to withdraw
hotel privileges and evict a guest
 No more force is used than is
necessary
 Evict—remove someone from
property
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Evicting a Guest
(continued)
 Grounds for eviction:
 Failure to pay bill
 Overstaying
 Persons of ill repute
 Intoxication and disorderly conduct
 Contagiously ill guests
 Breaking house rules
 Persons not registered
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Persons without Baggage
 Historically, hotels could refuse a
room to would-be guests without
baggage
 Today, absence of luggage does in
itself indicate illegal intent
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Business Competitors
 Cannot be refused for seeking
accommodation
 Can be refused for coming to solicit
customers
 Court order may be obtained to bar
competitors from continuing such
solicitations
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Process of Eviction
 Evicting someone for cause is proper
 Should be carried out
 Considerately
 With no harsh words
 Force should not be used unless absolutely
necessary
 Wrongful eviction can result in liability
 For physical injuries
 For mental and emotional distress
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
How to Evict
 First—inform person he is no longer
welcome on the premises and should
leave
 If he remains—second request should
be made
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
How to Evict
(continued)
 If he still refuses to leave
 Call the police
 Use force
 Forceful eviction should always be the
last resort
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Verbal Abuse
 Defamation—tort of making false and
demeaning statements about a
person to a third person
 Libel—written defamatory statements
 Slander—oral defamatory statements
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Evicting a Hotel Tenant
 A tenant is considered by law to have
a greater interest in the apartment
than a guest has in a hotel room
 Greater interest prevents a hotel/
landlord from evicting the tenant
without a court order
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Refusing a Diner
 A restaurant not associated with a
hotel has more leeway than a hotel to
exclude people
 A restaurant has the right to select its
customers and to refuse any person
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Statutory Protection for
the Hotelkeeper
 A hotel lien gives an innkeeper the
right to retain the personal property
of a nonpaying guest
 Fraud statutes authorize innkeepers
and restaurateurs to pursue criminal
charges against those patrons who
receive services but intentionally fail
to pay
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Innkeeper’s Lien
 Lien—security interest in the property of
someone who owes money
 Lien entitles creditor to take possession of
the debtor’s property, sell it, and apply
proceeds to unpaid debt
 Many states require the hotel obtain a court
ruling that the guest is in fact delinquent
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Applicable Property
 Most property a guest brings to a hotel is
covered by the lien
 Coverage does not extend to a person’s
necessary apparel and certain personal
jewelry (wedding rings)
 Goods of one’s spouse are not subject to
lien when indebtedness is solely that of the
other spouse
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Applicable Charges
 Guest room charges
 Service charges for delivery of a guest’s
baggage to and from the hotel
 Valet service
 Room service
 C.O.D. charges
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Termination of Lien
 Lien terminates when bill is paid
 Hotelkeeper must then return any
property seized pursuant to the lien
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Termination of Lien
(continued)
 If payment is not paid, the innkeeper
can
 Sell property
 Use proceeds to satisfy the bill
 Including expenses associated with the sale
 Advertising
 Storage of goods pending sale
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Termination of Lien
(continued)
 Following sale:
 The innkeeper can retain from the
proceeds the amount of the unpaid bill
and expenses incurred
 Any surplus must be paid to the guest
 If innkeeper cannot locate the guest,
money can be paid to a designated
public official
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Not an Exclusive Remedy
 The hotelier can also sue the guest
for breach of contract
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Defrauding the Hotelkeeper or
Restaurateur
 All states seek to protect the
innkeeper and restaurateur from
guests who attempt to defraud by
leaving without paying
 Many statutes provide varying
penalties depending upon the amount
and value of the goods/services
received by the absconder
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Defrauding the Hotelkeeper or
Restaurateur
(continued)
 Larceny—theft of property
 Theft of services—receipt of services
without payment
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Intent to Defraud
 Criminal cases are different from civil
cases
 Civil case—plaintiff seeks
compensation
 Criminal case—penalties can include
jail time and resulting loss of freedom
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Intent to Defraud
(continued)
 To justify penalization requires that
the defendant act with a criminal
mental state, usually meaning
intentionally
 A person acts intentionally when his
conscious objective is to engage in
the illegal conduct
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Intent to Defraud
(continued)
 To establish a defendant’s guilt of a
crime, prosecutor must prove two
elements
 Defendant obtained food or lodging
without paying for it
 Defendant intended to avoid payment
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Fraudulent Payment
 Bad checks
 Check for which the maker has
insufficient funds
 Check written on a closed account
 Credit card
 The person knows is stolen and who
signs the card owner’s name
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Fraudulent Payment
(continued)
 Criminal possession of stolen property—
when a person knowingly possesses stolen
property with intent to benefit someone
other than the owner
 Forgery—unauthorized alteration,
completion, or making of a written
instrument (check or credit card) with intent to
defraud or deceive
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.
Fraudulent Payment
(continued)
 A guest who steals property is liable
for the crime of larceny
 Misdemeanor or felony depending on
the state involved and value of goods
stolen
COPYRIGHT © 2008 by Delmar Learning. ALL RIGHTS RESERVED.