The Search & Seizure Show

Can police officers evict occupants from a long-term stay motel?


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Hey guys, it's Anthony Bandiero Here attorney and senior legal instructor for blue to gold law enforcement training, bringing on the roadside chat from the studio. Here we got a great question from the great state of Idaho, which is going to be my future residence one day already bought the lands as the build the house. So, here's, here's we got going on there.

So this question is, can police evict tenants or occupants from a long term stay motel? Man, before I get into this, this is this area of the law is really underdeveloped. We certainly have a lot of cases from evicting people from hotels and hotels, and, and so forth. And of course, we have lots of cases from trying to get people out of, you know, apartments and houses. And then in between those two is the long term stay the extended stay America type of situation. And let's go through it. Alright, let's go. This is good stuff here. Okay. So here's a scenario. A local hotel, it was a Motel Six, and now it's called the extended stay. Is it? Yeah, extended stay. What I mean, I would love to, I would love to live there. It just sounds like a beautiful place. And so the cop, you know, gets requests by staff to evict people, right. And they want to know, you know, does and while we're evicting people other questions, the COP is asking, you know, do we have to? Does the manager have to give the notice to evict? Can we do it for the manager? Can we walk right into the door? Can we just use the master key and just walk right in? Alright, so hopefully, this video is not too long. But I'm telling you, this video is going to help you because this issue comes up all the time. Okay, let's first start with the premise of dealing with true hotels that are your stereotypical, you know, one night to night type of scenarios. So the law is pretty clear on this one. Hotels and motels have a common law, right? to evict people for cause these are what the courts refer to as transient lodging, right? The person knows that they're not going to be staying there forever. And that if they break the rules, it's not unreasonable to expect to get the boot. So the law is pretty clear. If the management calls you and says, Hey, we need help the victim this person because of partying, drugs, smoking, you know, whatever breaking stuff, then the laws pretty clear that they got to leave. But what about them if they pay for the next week? Anthony, that's a civil issue...

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The Search & Seizure ShowBy Anthony Bandiero

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