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Tenant or Transient Occupant?

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T

Terry Fry

Guest
(Virginia) - Tenant or transient?

This question relates to the 'transient' occupancy exemption to the Virginia Residential Landlord and Tenant Act - i.e., hotels, motels, etc. where the occupant pays by the day or week but has occupied the premises (room) continuously for more than thirty days.

The Situation: I have occupied a room in a hotel/motel for more than thirty days. I was billed and paid the hotel on a weekly basis. Included in bills were transient taxes. After I did not pay the weekly rate for several weeks, the hotel (manager) ordered me to vacate the premises at 11pm one night. I complied even though there were no eviction or unlawful detainer notices, service or court order presented to me.

However, I had personal property in a locked storage area (closet) near the front desk to which I had no access. The manager refused to return my property to me. The property was never returned.

At a later date, a judgement was obtained by the hotel for the monies owed. I never received service even though the hotel (manager) had then and has now personal knowledge of my current address.

1st Question: Was my occupancy exempt to the Landlord Tenant Act? (see Virginia § 55-248.5. Exemptions; exception to exemption, A-10). If 'no', shouldn't I have received the due process as provided by the Act - i.e., notice, eviction, unlawful detainer, service, etc.? If 'yes', shouldn't I have been allowed to vacate the room/premises with my personal property? In either case, shouldn't I have received a notice and/or accounting of the disposition of the personal property held?

2nd Question: If my stay at the hotel was exempt, should I have been charged the transient occupancy tax? (see Virginia § 58.1-3819. Transient occupancy tax, B). Also, (if exempt) shouldn't I have received the required disclosures? (See Virginia § 55-248.12. Disclosure)

The court has garnished monies in my bank account - currently held until the return date of 7/10/01. What actions/remedies are available to me given the above issues?

Thanks for ANY help!
Terry Fry
 



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