While the eviction and landlord-tenant statutes do not generally apply to hotel or motel guests, longer-term guests may be treated as tenants.
“Residence in a hotel, motel, or other transient lodging” is specifically exempted from the Washington Residential Landlord-Tenant Act. Nevertheless, courts have treated longer-term guests as tenants. There historically has been no bright-line test. Rather, the courts look at the facts of a given case, taking into consideration such things as how long the resident has occupied the space, payment terms, and services provided. Some local laws create a presumption that a guest is a tenant after a specified period, such as 30 days.
Under the terms of Governor Inslee’s eviction moratorium, guests who stay for 14 days or more in hotels, motels, or Airbnb’s is protected from eviction.
A proposed new law that is making its way through the state legislature would change the rules for hotels, motels, and camping areas.
Transient lodgers who had resided in such a place for 30 days or more prior to March 1, 2020 would be considered tenants.
Those residing in such a place for 30 days for more after March 1, 2020, would not be considered a tenant so long as the owner served a 7-day eviction notice with certain required language in it. It remains to be seen whether law enforcement will summarily remove people who have been served this new notice in the absence of a court order, or how this new law will be interpreted in light of local laws in some places.
Landlord-tenant and eviction laws are changing continually during the COVID crises. The eviction moratoria terms are frequently extended, often with amended language. New laws are being proposed. There are numerous lawsuits in Washington and in federal courts that will impact whether and how eviction moratoria and other laws apply.
Consult with an attorney before taking any action.
