Eviction

The Hospitality industry is very useful for people who are constantly travelling. When a traveller or person in transit stays in a hotel, the hotel owes him an extra ordinary duty of care and should therefore protect the traveller and his or her possessions against harm. However, there are grounds upon which the hotel can evict a traveller or guest.


Grounds for traveller or guest eviction

The main aim of any hotel, as with all other businesses is to make a profit. They do this through leasing out accommodation, selling food and drinks and offering other services to different guests. If a guests disrupts the operations of the hotel by being unruly and disorderly, such that the hotel stands to lose guests and subsequently money as a result of the guest's behaviour, the hotel has a right to evict him or her.


traveller eviction may also occur when the hotel discovers that the traveller has a questionable character. But what qualifies as questionable character? People who are engaged in activities that are considered immoral such as prostitution, human trafficking, selling drugs and racism among other vices are considered to be of a questionable character.


A traveller or hotel guest may also be evicted if he is suspected of illegal activities. In such a case, the hotel owner or staff members are required to report the guest to the police for investigation. Whatever may be termed as Illegal activities differ from one area to another depending on legislation. For example, prostitution may be illegal in one country but not another.


If a guest refuses to pay for his accommodation or other bills in a hotel, he may be evicted. In addition, if one is deemed not to have the financial ability to cater for his or her accommodation and meals in a specific hotel, he or she may also be evicted. In addition, if they stay on longer than the stipulated period, especially in areas where there are restrictions on the maximum hotel stay period, the hotel has the discretion of evicting the guest.

More information on traveller eviction


Evicting a trespasser from a hotel

Before one is evicted, the hotel must politely request that they leave. Failure to do so within the stipulated period amounts to trespass and the person can be evicted. However, the hotel must think of the legal implications of the eviction before they can carry it out. In addition, the hotel cannot use force to evict a trespasser but if one refuses to vacate the premises, he or she can be reported to the police.


Although the hotel reserves the right of admission, the grounds for the eviction must be justifiable in order to avoid litigation that may affect the brand quality and trust. Hotels cannot evict people on the pretence of trespassing when indeed they are being racists or discriminatory on the basis of gender, age, religion and any other.


In the case where the individual refuses to leave, the hotel can change his or her key card the moment they walk out of the room. However, since the guest's belongings are still in the room, the hotel must ensure that everything is kept safe until the guest returns. If anything goes missing or is spoilt, the hotel is held liable and may face legal action for it.