[CA] What are my rights as a week-to-week tenant at a hotel?
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As a week-to-week tenant who has lived in the hotel for 3 months, you likely have tenant rights under California’s landlord-tenant laws — not just as a “guest.” (California Civil Code § 1940(a))
Even though it’s a hotel, if you’ve lived there continuously for 30 days or more and are paying week-to-week, California law treats you as a tenant, not a hotel guest. This matters because it means the hotel cannot evict you without proper notice and possibly a court order.
They must follow the eviction procedures:
- For week-to-week tenants, California requires a 7-day written notice to terminate the tenancy (sometimes longer depending on the reason). (California Civil Code § 1946)
- If you don’t leave, they must file an unlawful detainer (eviction) in court and obtain a judgment before you can be forced out.
- A sound complaint alone is not enough to justify immediate eviction unless it’s severe, repeated, and properly documented.
- They cannot lock you out, refuse access, or keep your prepaid money without following the legal process.
If you paid for the full week and they’re forcing you to leave early without legal eviction, they owe you a refund for unused days, even under a verbal agreement. Your proof of payment strengthens your position.
What to do:
1. Document everything — take photos, save receipts, and note all dates/times of complaints.
2. Request your refund in writing (email or text is fine):
- “I have paid in full for this week and have not received any written notice to vacate. I am a week-to-week resident and therefore have tenant rights.
- If you require me to leave early, I request a refund for the unused days of rent. Otherwise, I will consider this an illegal eviction and seek legal assistance.”
3. Contact Legal Aid — free or low-cost tenant help is available in California through local legal aid offices or tenants’ rights hotlines.
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I’ve been living in a hotel for 3 months as a week-to-week tenant (paid rent in full for this week). However, the hotel is saying I have to leave because of a sound complaint and is refusing to give me my money back for the prepayment.
I’m sorry to hear about the situation you’re facing at the hotel. Have you received any written notice from the hotel regarding the sound complaint?
Only knocks on the door when it gets too loud. But aren’t they supposed to follow some type of eviction process?
Do you have a copy of the agreement or terms of your week-to-week tenancy with the hotel?
It is a verbal agreement, but I have proof of the payments made to the hotel.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your tenancy issue.
Yes.
Hello. My name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today.
As a week-to-week tenant who has lived in the hotel for 3 months, you likely have tenant rights under California’s landlord-tenant laws — not just as a “guest.” (California Civil Code § 1940(a))
Even though it’s a hotel, if you’ve lived there continuously for 30 days or more and are paying week-to-week, California law treats you as a tenant, not a hotel guest. This matters because it means the hotel cannot evict you without proper notice and possibly a court order.
They must follow the eviction procedures:
- For week-to-week tenants, California requires a 7-day written notice to terminate the tenancy (sometimes longer depending on the reason). (California Civil Code § 1946)
- If you don’t leave, they must file an unlawful detainer (eviction) in court and obtain a judgment before you can be forced out.
- A sound complaint alone is not enough to justify immediate eviction unless it’s severe, repeated, and properly documented.
- They cannot lock you out, refuse access, or keep your prepaid money without following the legal process.
If you paid for the full week and they’re forcing you to leave early without legal eviction, they owe you a refund for unused days, even under a verbal agreement. Your proof of payment strengthens your position.
What to do:
1. Document everything — take photos, save receipts, and note all dates/times of complaints.
2. Request your refund in writing (email or text is fine):
- “I have paid in full for this week and have not received any written notice to vacate. I am a week-to-week resident and therefore have tenant rights.
- If you require me to leave early, I request a refund for the unused days of rent. Otherwise, I will consider this an illegal eviction and seek legal assistance.”
3. Contact Legal Aid — free or low-cost tenant help is available in California through local legal aid offices or tenants’ rights hotlines.
That’s perfect! Thank you!
