Milton, FL · Member since 2018 · 34 posts · 8 votes
I have a small motel under contract in Daytona Beach Florida. I am in the due diligence period and have some questions on evictions. The motel rents by the week and is actually pretty clean with some long term tenants and few problems. However, during the last hurricane, and at other times in the past, they had a few people that would not leave/pay due to not having anyplace to go. The manager said it took 28 days to get them out. I know if I stay at say a Marriot and refuse to leave at checkout it would be handled differently. Is there anyone out there with experience dealing with this type of situation or that can point me in the right direction. I'm wanting to understand this possible headache or find out how to mitigate it. Thanks
You should be able to find the regulations on line or through a local motel orginisation. Governemnt guidelines are generally available on line for most businesses. First check your state landlord tenant regulations and see if they make reference to motels. Google is you best friend.
Be aware that in the case of apartment motels after 30 days, depending on your state, residents acquire all the rights of any tenant under the state landlord tenant regulations. To be able to put them on the street for not paying you will want to insure they do not reach that point.
Developer · FL · Member since 2018 · 26 posts · 16 votes
7y
If the "motel guests" have "possessory interest" things can get a bit hairy. If they are transient, and not considered a "tenant" under Chapter 83 Florida Statutes, you can have the local law enforcement evict them (refunding you whatever monies they have paid in advance).
@Thomas Dyman You should consult with a good attorney in FL that understands hotel/motel law. I would do this either way - if you want to buy a motel you'll need to have an attorney ready to handle any bizarre things that might come up. Daytona Beach + motel = Wild West. Bike Week, Daytona locals, NASCAR, college students, ... its a unique city.
I have a small motel in Colorado and I just call my local police dispatch (since its not an emergency) and they show up and stand by until the people leave. In my jurisdiction, once I ask them to leave, if they don't they are trespassing.