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Hey guys, it's Anthony Bandiero Here attorney and senior legal instructor for blue to gold law enforcement training, bringing on the roadside chat from the studio. Here we got a great question from the great state of Idaho, which is going to be my future residence one day already bought the lands as the build the house. So, here's, here's we got going on there. 
So this question is, can police evict tenants or occupants from a long term stay motel? Man, before I get into this, this is this area of the law is really underdeveloped. We certainly have a lot of cases from evicting people from hotels and hotels, and, and so forth. And of course, we have lots of cases from trying to get people out of, you know, apartments and houses. And then in between those two is the long term stay the extended stay America type of situation. And let's go through it. Alright, let's go. This is good stuff here. Okay. So here's a scenario. A local hotel, it was a Motel Six, and now it's called the extended stay. Is it? Yeah, extended stay. What I mean, I would love to, I would love to live there. It just sounds like a beautiful place. And so the cop, you know, gets requests by staff to evict people, right. And they want to know, you know, does and while we're evicting people other questions, the COP is asking, you know, do we have to? Does the manager have to give the notice to evict? Can we do it for the manager? Can we walk right into the door? Can we just use the master key and just walk right in? Alright, so hopefully, this video is not too long. But I'm telling you, this video is going to help you because this issue comes up all the time. Okay, let's first start with the premise of dealing with true hotels that are your stereotypical, you know, one night to night type of scenarios. So the law is pretty clear on this one. Hotels and motels have a common law, right? to evict people for cause these are what the courts refer to as transient lodging, right? The person knows that they're not going to be staying there forever. And that if they break the rules, it's not unreasonable to expect to get the boot. So the law is pretty clear. If the management calls you and says, Hey, we need help the victim this person because of partying, drugs, smoking, you know, whatever breaking stuff, then the laws pretty clear that they got to leave. But what about them if they pay for the next week? Anthony, that's a civil issue. The money that's owed is a civil issue. That's not your problem. The next thing is, of course, apartments, houses get, you know, renting rooms, we know that those are homes, right? Those are homes, you cannot go in there any evict people from those tenancy, relationships, whether it's a verbal contract written, it doesn't matter. You know, the law is going to presume that eviction or is going to be needed, because that is their home. And the law has an interest in not putting people on the street from their home. Does that make sense? So those are your your two different situations, and we got to meet in the middle of the long term state. So here's, here's my advice. If you're dealing with an occupant, and you may have to inquire on this, but if you're dealing with an occupant who, according to the hotel, or whatever it is, is like this is their long term stay like hey, you know, what's this guy's deal? Is he How long has he been here? What did he tell you when he's leaving? If it seems to you that this long term stay is their home, like they've been, you know, they plan they told the manager that this is their plan to stay for a long time. They've been there for a long time. You know, they've paid for the room in advance for a while. You're making case law, right? I can't find any case law that's really decided these issues yet. But you are making case law. And if it was me, if I believed that this person, right, the occupant, if I believe that he really believed that this is his new home, and he plans it, you know, all the indicators seem to exist, stay there for a while. I'm going to
tell the manager get eviction orders. That's just what I'm going to do. I'm not looking to make that case law. And I think that the laws and like I know the laws of my favorite, right. But if I believe that this person is essentially the same type of person that stays at motels transient lodging they pay for one day or two days at a time. We're unsure when they're leaving, I'm going to treat it like a hotel guest. And therefore they're subject to immediate eviction. Is that help? I'm not trying to confuse this issue. But I think that you should inquire on these situations and see, you know, who they are? Are they attendance? Or are they a mere transient occupant of a hotel? So that's what I'm looking for. All right. Um, some states, like Illinois has a 30 day rule that really helps cops, if they've been there for more than 30 days, they definitely get treated like a, you know, like a like a tenant. So you got to get eviction orders. Does that mean that you can an Illinois, you can you can't have a person has been there just for two weeks. If a person in Illinois hasn't been there for three days, but they paid up for 30 days and intend to stay longer? Does that mean that they cannot be that they can be evicted at two weeks? The answer is I don't know. If the court believes that there are tenants and then a reasonable patient privacy of long term stay, I think you're going to still have the same problems I'm talking about. Alright, let's move on to who has to do the eviction. Does the manager have to be one at the door? To do it? The answer is no. Should they be the one to do it? If it's safe? The answer is yes. The next question, can we just barge right in? The answer's no. Right? Knock and announce applies here. This is a fourth amendment issue. We can't just barge in there. And you know, tell them, hey, you're out of here. You want to do it professionally. Reasonably give them notice and tell them hey, you guys are being evicted. If they say I don't want to answer the door, so you don't have a choice. You're being evicted. Right, your occupancy ends now. And then you go from there. Alright, guys, I hope it helps. It's a very good question. The big takeaway here is use good judgment. If under the totality of the circumstances, the long term stay occupants seems to be like this is their this is they're more like an apartment than a hotel. I would get eviction orders. That's what I would suggest to my cops. Alright, hope it helps, guys. Do me a favor before you leave, hit like or comment, hit subscribe, share with your friends. I want to teach as many cops as possible search and seizure so we're making good case law. Alright, until next time, my friends stay safe.
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