It’s important to understand your rights and the steps you can take to address the problem.
If you are a California tenant living in an extended stay hotel and dealing with habitability issues, it’s important to understand your rights and the steps you can take to address the problem.
Unfortunately, Tenant Law Group cannot assist all tenants who contact our firm with direct legal representation. However, we believe in empowering all California renters with information. This page is a free resource for tenants living in extended stays in hotel rooms, including some practical tips and resources to help you protect your rights.
What Should I Do?
By following these steps and understanding your rights as a hotel room tenant, you can address habitability issues and ensure your living space is safe and comfortable.
● Short-Term vs. Long-Term Stays: In California, your rights as a tenant may depend on how long you’ve stayed in the hotel. If you’ve lived in an extended stay hotel for 30 days or more, you may have tenant rights similar to those in traditional rental housing under the California Civil Code Section 1940.
● Protections After 30 Days: After 30 days, you are likely considered a tenant, meaning you’re protected by California’s habitability laws, and the property owner has a duty to provide safe and livable conditions.
● Habitability issues that must be addressed by the property owner include:
• Leaking pipes or plumbing problems.
• Broken heating or air conditioning (if included).
• Pest infestations (e.g., bed bugs, cockroaches).
• Unsafe electrical wiring or faulty smoke detectors.
• Mold or water damage.
• Unsanitary or hazardous conditions.
● Take Photos and Videos: Capture clear photos and videos of the habitability issues you’re facing, such as leaking pipes, mold, pests, or broken appliances.
● Keep a Record: Maintain a detailed log of the issues, including the dates and times when you noticed them and any communication with hotel staff or management about the problem.
Begin with confidence, our practical guide walks you through documenting problems.
● Report the Problem: If you encounter any habitability issues, report them to hotel management as soon as possible. Provide a written notice that clearly describes the problems you’re experiencing and request that they be fixed. Written communication ensures you have a record of your complaint.
● Reasonable Time for Repairs: In California, the property owner or management has a reasonable time—typically 30 days for non-emergencies, or sooner for urgent health and safety issues—to make necessary repairs.
● Check the Terms of Your Agreement: Review any written agreement you may have with the hotel. Some extended stay hotels have specific policies about maintenance, repairs, and the conditions of the room.
● Local Laws: Familiarize yourself with local health and safety codes or ordinances that may apply to extended stay hotels. Some cities, like Los Angeles, have specific laws regarding living conditions in hotels.
● Ask for a Room Change: If the habitability issues persist and management cannot fix the problem promptly, request a room change. This can be a faster solution to avoid staying in unsafe or unsanitary conditions.
● Escalate the Issue: If the hotel refuses to provide a solution, escalate the issue by contacting higher management, regional offices, or corporate customer service.
● File a Complaint: If management fails to address serious health and safety issues (e.g., bed bugs, mold, faulty wiring), contact your local health department or code enforcement agency. They may inspect the premises and enforce local habitability laws.
● Public Health Concerns: Problems like pest infestations, mold, or lack of sanitation may violate public health codes, and these agencies can help ensure the hotel complies with local laws.
Right to Peaceful Living Conditions: As a tenant, even in an extended stay hotel, you have the right to “quiet enjoyment” of your space, meaning you should not be subjected to unreasonable noise, disruptions, or unsafe conditions. Right to Repairs: If your living space is uninhabitable, hotel management is legally obligated to make repairs and maintain the room’s livability.
● Withhold Rent or Break the Agreement: If the habitability issues are serious and management fails to make repairs within a reasonable time, you may be able to withhold rent or break your rental agreement. However, these are complex legal steps and should only be considered after consulting with a lawyer or tenant rights organization.
● Legal Aid: Reach out to tenant rights organizations or legal aid groups that can help you understand your rights as a long-term resident in an extended stay hotel. Example:
Tenants Together
Bay Area Legal Aid
Legal Aid Foundation of Los Angeles (LAFLA)
Central California Legal Services (CCLS)
● Negotiate Compensation: If the habitability issues significantly affect your living conditions, ask management for a refund or a reduction in rent for the period the problem persists. Be sure to put any requests for compensation in writing.
● Third-Party Mediation: If you are unable to resolve the issue directly with management, look into mediation services in your area. Mediation can help facilitate a resolution between you and the hotel without taking legal action.
● Consult a Lawyer: If the situation is not resolved and you are facing unsafe living conditions, you may need to consult a tenant rights attorney or legal aid organization. They can help you understand your rights and represent you if necessary.
Where Can I Get Legal Help as a Tenant in California?
If you’re a California tenant and Tenant Law Group is unable to represent you, the following legal aid and advocacy organizations can assist.
Disclaimer: This page provides general information about landlord-tenant laws in California and is not intended as legal advice. We encourage you to consult with a qualified tenant attorney or local tenant advocacy organization for guidance specific to your situation.
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