+ Reply to Thread
Results 1 to 7 of 7
  1. #1
    CTAT333 is offline Junior Member
    Join Date
    Aug 2010
    Posts
    3

    Am I considered a tenant?

    What is the name of your state (only U.S. law)? Texas

    I am trying to find out what the laws in Texas are pertaining to extended stay hotels. My husband and I have been a resident of Budget Suites in TX for over 3 years. We no longer pay the hotel occupancy tax, our mailing address is the Budget Suites address with our room number, and our address on our drivers license's show the Budget Suites address.

    I want to know if, because we are considered permanent residents, are we tenants under the law, and if so, are we protected under the Texas Tenant Laws?

    Right now, we pay our rent on a weekly basis, but in the past we were paying rent for every 2 weeks. We have resided in 2 different rooms. The first room we were in was a 1 bedroom, and we were in that room for almost 2 1/2 years. We moved to a 2 bedroom on the same property, and have now been in this room for almost 6 months. When we moved rooms, there was no lapse in rent payment.

    Thank you for any and all comments!!!
  2. #2
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    52,696
    Quote Originally Posted by CTAT333 View Post
    What is the name of your state (only U.S. law)? Texas

    I am trying to find out what the laws in Texas are pertaining to extended stay hotels. My husband and I have been a resident of Budget Suites in TX for over 3 years. We no longer pay the hotel occupancy tax, our mailing address is the Budget Suites address with our room number, and our address on our drivers license's show the Budget Suites address.

    I want to know if, because we are considered permanent residents, are we tenants under the law, and if so, are we protected under the Texas Tenant Laws?

    Right now, we pay our rent on a weekly basis, but in the past we were paying rent for every 2 weeks. We have resided in 2 different rooms. The first room we were in was a 1 bedroom, and we were in that room for almost 2 1/2 years. We moved to a 2 bedroom on the same property, and have now been in this room for almost 6 months. When we moved rooms, there was no lapse in rent payment.

    Thank you for any and all comments!!!
    What brings the question up?
  3. #3
    CTAT333 is offline Junior Member
    Join Date
    Aug 2010
    Posts
    3
    I will try to make this as short as possible!

    My husband and I had an incident last Friday. As I said in my earlier post, we pay our rent on a weekly basis. Our rent is due on Thursdays. Every day that it is late, there is a $15 late fee.

    There have been times in the past 3 years that we have been late on our rent, but we have never been late more than 3 days, and we have always paid our rent in full plus all applicable late fees.

    Last Friday, a new assistant manager showed up at my door and when I went to answer it he told me he was there to lock us out. I was home alone with my son (hubby was working) and needless to say, quite shocked, as we had already made arrangements with the actual property manager to pay that day at 8 PM. I informed him that I would have to contact my husband. The AM stuck his foot in my door and refused to let me shut the door, even after I informed him that I did not want my 2 year old son or my 2 cats to run outside and get hurt. I spent the next 15 mintues on the phone calling my hubby, dad, mom etc - trying to get ahold of anyone who could help me. The AM began banging on my door again (with his foot still holding my door open) and when I went to the door he told me that I was being "very rude and disrespectful for making him wait outside in the heat and humidity." He then told me that my son and I could wait outside until we got a hold of someone. I told him that I still needed to get in contact with my husband. I asked the AM if I could speak with the manager, and he refused. At that point, he told me that he could "be the bad guy and MAKE me and my son wait in the office."

    At this point, I was literally afraid for my and my son's safety as the AM being extremely hostile. I told him that the only way I was leaving my room without my husband there was if someone physically removed me and my son - and if that was the case that would be assault. As soon as I said that, he backed off, immedieatly removed his foot from my door and walked away saying "you want to play games like that, I will play games." I also asked the AM for some identification, as he was brand new, and I had never seen him on the property before. He told me he didn't have to provide me with any type of identification, and that all he had to do was say he was the assistant manager.

    Fast forward to 2 hours when my husband finally gets home. He goes up to the office to pay rent, and the AM REFUSED to take our money. He told my husband that unless I "apologized to him for being rude" that he would evict us on Sunday at noon. He also informed my husband that b/c my license that Budget Suites had on file was invalid, that they could call the police, have the police physically remove me from the property, and then search our room. This caused my husband A LOT of emotional distress.

    An hour or so later, my husband, myself, and a witness went up to the office to talk with the AM. I handed him my valid drivers license, and asked for a copy of the documentation that Budget Suites sent to me requesting a copy of my license. He then said "well I can give you a copy of the rules." I told him that I had a copy of the rules, which I signed back in 2007 when we moved in, and that my license was valid at that time. I then said I was unaware that it was my responsiblity as a customer to keep track of Budget Suites files, as that's what I thought their employees were for. I again asked for a copy of the signed and dated documentation that Budget Suites sent to me requesting a copy of my valid license. At that point he said "well this isn't about your license" and completely changed the subject.

    He wanted an apology or he was going to evict my family. My exact words were " I informed you that I needed to get in contact with my husband. I did not say how long that would take, and you did not inform me that you were going to be waiting inside my door way the entire time. You were more than welcome to leave at any point you wished." At that point, he stood up and said "I can see this is going where I wanted it to, so you will have until Sunday at noon to vacate your room." I asked for the manager's contact information, and he refused. I then asked for the area manager's contact information and he refused. Then, I asked for the property manager/owner's contact information (which I thought had to posted somewhere) and he refused to give me that as well.

    I ended up having to track down my manager's wife through Facebook and send her an emergency message to have her husband contact me. He did, and he wasn't too happy about the situation. He cussed me out over the phone, and told me to apologize to the AM, pay my rent, and be done with everything. I ended up doing just that (except for the being done with everything part lol) b/c my family needs a roof over their head.

    That was just the incident that happened on Friday. We (all the Budget Suites residents) are not allowed to complain. If we contact management to complain about bad service - they threaten to evict us. We have been told that we are not allowed to turn our room phones off, b/c it makes it more difficult for them to get ahold of us. We have also been told that if we see trash on the property (even if it's NOT ours) we HAVE to pick it up or else they will evict us. The managers regularly threaten and cuss at the residents here.

    My main thing, is that if we would be considered tenants under Texas law, if they were trying to evict us, would they have to follow Texas eviction procedure? Could they have evicted us for me "not apologizing" to the AM - even though I did nothing wrong? They couldn't have evicted us for non payment of rent b/c they refused to take our money. Yes, I do realize that our rent was a day late when we went to pay it, but we have every receipt dating back 3 years from Budget Suites, and in that 3 years we have been late several times, and it was never a problem. Why now???

    Sorry for the looong novel of a post!! This has been a very stressful and emotional situation for my family!
  4. #4
    Banned_Princess is offline Senior Member
    Join Date
    Jul 2009
    Location
    New York. Long Island.
    Posts
    7,711
    In the case of an extended stay motel, you are not tenants or protected under those rules of conduct.

    you may want to contact a lawyer in your area if you believe I am wrong.

    Actually, I encourage you to speak with a local attorney maybe a free consultation if possible, if you feel you have been wronged.
  5. #5
    Join Date
    Jun 2010
    Posts
    236
    Given the details, I think you should contact legal aid in your area. Put in your county and "legal aid" into google.
  6. #6
    Searchertwin is offline Senior Member
    Join Date
    May 2006
    Posts
    2,404
    I would say that you are not tenants. This is a hotel business, not a rental business. You pay by the week. But contact a lawyer to find out. If I was you, I would go to the young man and tell him you were sorry, you were just scared. Tell him you just got real panicky, cause you were hit real hard with the news. And the only comfort was to call for your hubby. You were lost. Indicate to look at from your side. You have been there for close to 3 years and than bam there you were ready to kick us out and no where to go. You were just scared. Be real nice and be sincere. Ask him what does he need for you to stay like you were doing? Hopefully, he will be good enough in his heart to help you. If not than forgive him and go on. If you hold a grudge toward him, you will not get help from God in times like this. Good luck and prayers will be with you so you can stay in your home.
  7. #7
    CTAT333 is offline Junior Member
    Join Date
    Aug 2010
    Posts
    3

    Thanks!

    Thank you to everyone for all the replies, it's been nice to hear other opinions and perspectives.

    Some more information -

    I called the non emergency number for my city's police department, and spoke with a constable. I briefly explained the situation, and asked the constable if we were to be evicted and we stayed past the date that was given on the "Notice to Vacate" would the police physically remove us. The constable told me that they would NOT, because they do not enforce evictions. The constable told me that the managers would not legally have the right to touch me, my son, or my husband, and if they tried to physcially remove us, we could have them arrested for assault. The constable said that the police department would probably send someone out to talk to all the parties, but that they would inform Budget Suites that evictions are a civil matter, and they would have to take us to court and get a court order.

    Also, was doing some research on Budget Suites and found out that they are involved in a lawsuit right now with the American Patriots Advocating For Disabled Rights. The plantiffs are arguing that Budget Suites is in violation of the ADA, and that they should be subject to the ADA because they are, in fact, a hotel.

    Budget Suites corporate attorneys are arguing that Budget Suites is NOT a hotel, and is in fact, residential apartment complexes, and therefore should only have to follow the Fair Housing Act, and not the ADA.

    "The plaintiffs say they do because the facilities hold Clark County business licenses for “transient lodging” and are registered with the county assessor under “commercial motel” designations. Budget Suites’ lawyers say they don’t because Budget Suites are, in effect, residential apartment complexes, which are not subject to ADA requirements. Budget Suites are available only for rent on a weekly or monthly basis. Budget Suites also notes that its facilities do not offer services or amenities such as one would find at a hotel — each tenant has to take out their own trash, and there is no housekeeping or linen service for the standard rental fee."

Similar Threads

  1. Is removal of tenant's left-behind items considered cleaning?
    By lakeside29 in forum Landlord / Tenant Issues
    Replies: 1
    Last Post: 08-26-2011, 05:54 PM
  2. How long after tenant moves out can landlord notify tenant of damage charges ?
    By Westpalmrealest in forum Landlord / Tenant Issues
    Replies: 1
    Last Post: 09-23-2009, 06:39 AM
  3. Tenant/Tenant- Can tenant choose new renter?
    By wireless-101 in forum Landlord / Tenant Issues
    Replies: 4
    Last Post: 09-12-2008, 01:58 AM
  4. Tenant security deposit, one tenant of 3 leaving, replaced by new tenant
    By cheddar cat in forum Landlord / Tenant Issues
    Replies: 10
    Last Post: 05-26-2008, 07:25 PM
  5. Replies: 1
    Last Post: 08-28-2005, 06:09 AM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.