Investigation Into Residential Hotels That Evict Guests After 28 Days
Have you stayed at a hotel in the past four years and been forced to move out after 28 days? Were you required to check out for 24 hours and then allowed to check back in at the hotel?
Yash Law Group is currently investigating residential hotels in California that require guests to leave their units before 30 days of occupancy. Our law firm is interested in speaking with hotel guests who were illegally forced out of their units.
Victims of The 28-Day Shuffle May Receive Compensation
It has become common practice for residential hotels in California to force guests to move out, or check out and register again, every 28 days. This is referred to as the “28-day shuffle.” Just because the practice is common does not mean it is legal under California law.
Hotels all over Orange and Los Angeles Counties, including in cities such as Anaheim, Azusa, Downey, Santa Ana, and West Covina, are known to enforce the 28-day shuffle policy. Guests at these hotels are prohibited from staying 30 consecutive days at the hotels. Although a guest may be forced to leave every 28 days, the guest is still allowed to check back in at the hotel after a 24-hour or 48-hour period. Many guests rely on the residential hotels as their primary residence, including receiving mail there and storing their food, clothes, and other personal belongings in their units.
Hotel owners and operators enforce the 28-day shuffle policy in an effort to reap major benefits and advantages. The primary reason for the 28-day shuffle is to avoid the guests becoming “tenants,” and instead keeping them as “guests.” Tenants and guests are treated and viewed differently under the law. There are landlord-tenant laws protecting tenants who occupy a residential hotel for more than 30 days, including guaranteeing them the right to notice and unlawful detainer proceedings before they can be evicted. On the other hand, guests who occupy a residential hotel for 30 days or less do not receive the same tenant rights and protections. As a result, guests (who are not tenants) can be evicted immediately, and their property removed, from the hotel if they refuse to leave the hotel; the hotel does not need to go through the unlawful detainer process to evict the guest.
California Civil Code section 1940.1, subdivision (a), however, prohibits a residential hotel from forcing a guest to vacate a unit in the hotel if the purpose is to avoid landlord-tenant laws. The law is designed to guard against guests of a residential hotel being wrongfully deprived of rights and protections as lawful tenants.
Each violation of this law can subject the hotel owner or operator to a penalty of $500. Thus, a hotel guest can potentially recover $500 for each incident that the guest was required to check out or move out before 30 consecutive days of occupancy. The guest may also be entitled to recover attorney’s fees.
Class Action Law Group That Can Represent You on a Contingency Basis
Award-winning attorney Yashdeep “Jesse” Singh of Yash Law Group prosecutes claims on behalf of hotels guests in class action lawsuits. In a class action lawsuit, one or more representatives can pursue recovery of penalties and damages on behalf of themselves and others who have experienced similar situations or conditions. So, a guest who stayed at a hotel and was forced to vacate every 28 days can seek penalties and damages on behalf of him or herself and other guests of the hotel. This could result in substantial compensation for the entire class of people who stayed at the hotel.
Yash Law Group aggressively fights for the rights of hotel guests in California. We have helped thousands who were victims of the 28-day shuffle recover compensation.
If you stayed at a hotel and were forced to leave before 30 days, please contact us today to schedule a free consultation. You may be able to file a class action lawsuit against the hotel and seek compensation.
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