[RPPTL LandTen] when does a hotel guest become a tenant subject to Ch 83?

[deborahmarkslaw at gmail.com]

When my daughter had to spend 10 weeks this summer in Dallas for an MBA internship, I put her in a Candlewood Suites. After 30 days under Texas law they no longer charge sales tax because it is considered residence. The place was full of nurses who worked at a nearby hospital. Definitely not clear cut. 

Deborah Marks
Deborah Marks, PA
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400

Sent from my iPad

> On Aug 18, 2015, at 10:40 PM, Leonard Cabral <LensLaw at Lenslaw.com> wrote:
> 
> Although there is a presumption that a person in a licensed hotel is a “guest” and not a tenant the acts or failure to act on the part of the hotel may make that guest a tenant.  Length of stay, allowing the guest to instill a utility in the guest’s name (internet, telephone, etc), Different arrangement in payment (monthly payment for the room went guests pay weekly).  I like when a guest puts the address of the hotel on his driver’s license and the hotel knew or worse gave the guest permission to do so may make the guest a tenant. I had one case where the client live at a motel for several years and the owner of the motel allowed him to put in a separate electric  meter, took rent monthly and allowed the guest to put the motel’s address on his driver’s license was found to be a tenant which required the motel to go through the eviction process.   Not as cut and dry as everyone thinks.
> Leonard P. Cabral.   
>  
> From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
> Sent: Tuesday, August 18, 2015 1:13 PM
> To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
> Subject: [RPPTL LandTen] when does a hotel guest become a tenant subject to Ch 83?
>  
> Hello all.  I have a national  hotel client who has an unsavory guest who has overstayed their welcome.  The client says that in some states after ____ days a guest is treated as a tenant and can be evicted.  I’ve not heard of that in Florida and feel that once a guest always a guest and they should call the police and have the guest removed.  Any advice or information would be much appreciated.  Thank you.
>  
> Regards,
>  
>  
> <image002.png>
> Anthony J. Horky, Esquire
> 
> Anthony J. Horky, P.A.
> 
> 2255 Glades Road, Suite 324A
> 
> Boca Raton, Florida 33431
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> 
> F: 561.952.0096                   
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