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Home ► News & Blog ► Evictions Blog ► What you need to know about hotel guests becoming tenants in NY

On Behalf of Law Office of Bradley D. Schnur, Esq. P.C.

| Feb 4, 2025 | Evictions Blog, Landlord-Tenant Blog

What you need to know about hotel guests becoming tenants in NY

When staying at a hotel in New York, most people don’t expect to become tenants. However, this can happen after a continuous stay of 30 days. This change brings new rights and responsibilities for both the guest and the hotel. Let’s explore what this means and how it affects everyone involved.

When does a hotel guest become a tenant?

In New York, a hotel guest becomes a tenant after staying for 30 consecutive days. This rule applies to hotels, motels, and extended-stay properties. Once this happens, the guest gains tenant rights, and the hotel must follow landlord-tenant laws.

What changes?

Once a guest becomes a tenant, a hotel cannot simply ask them to leave or lock them out. Legal eviction proceedings are required at that point. Essentially, the hotel must treat the former guest as a tenant with all applicable laws, such as proper notice periods and maintaining habitable living spaces.

Paying for the stay

As long as the tenant keeps paying for their stay, the hotel might not mind the change in status. However, problems can arise if the tenant stops paying but refuses to leave. In this case, the hotel must start the legal eviction process, which often includes providing notice and going through the court system.

If there are disputes, seeking advice from an experienced attorney can provide clarity and help resolve issues. Tenant-landlord laws are complex, and guests and hotels might not fully grasp their rights and responsibilities.

Understanding when a hotel guest becomes a tenant is crucial for both guests and hotel owners. Knowing your rights as guest ensures you are treated fairly. For hotel owners, understanding these laws helps you manage long-term stays effectively.

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