Whether an occupant in a hotel or motel is legally considered a tenant or a transient lodging guest depends on the timing and duration of their stay. Courts historically have considered the length of the stay, the payment period (monthly, weekly, etc.), services provided, contracts and other documents, and local law. In the wake of the pandemic and eviction moratoria, the Washington legislature created a new 30-day rule for hotels, motels, and similar transient lodging facilities.
Hotels, motels, similar businesses offering transient lodging do not normally have to go through a court eviction process to remove a short-term guest of fewer than 30 days. Such persons are legally defined as transient lodging guests and not tenants, and not covered by the Residential Landlord-Tenant Act.
A guest who had stayed more than 30 days prior to March 1, 2020, is legally defined as a tenant. The motel or hotel would have to go through the same formal legal process as with any other residential tenant.
For guests who stay 30 days or more after March 1, 2020, the hotel or motel must serve a 7-day eviction notice with certain mandatory language. The statute does not specify what legal process the business must follow to remove the guest after the notice period, other than to specify that the guest is not legally defined as a tenant.
Courts in various counties interpret this statutory provision in very different ways. Consult with an attorney in this situation before taking any action as this is a new, post-COVID law the interpretation of which is less than clear.