Can A Hotel Legally Kick You Out – Last month, Logan Coogler checked into the home of an Airbnb host in Los Angeles. The plan was to stay there for about a month, but Kugler checked out just three days after signing up. Not because he wanted to, but because the host canceled the reservation.
This story is not about one side being right or wrong. Instead, let it be a reminder that we live in an age of non-traditional services — be it ride-hailing, home-sharing, bike-sharing, etc. This means that, as it stands now, anyone has the right to kick you out of their car, house or apartment if they feel so inclined. That’s what happened to Kugler last month when he used Airbnb to rent a home in Los Angeles.
Can A Hotel Legally Kick You Out
“I woke up to a message on my phone saying that Airbnb had changed my reservation and it was booked in 36 hours and I had to go,” Kugler said. “It was a 31-day lease.”
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The host asked Coogler to leave because she felt uncomfortable with his numerous requests, such as changing the refrigerator and installing different lights. She then contacted Airbnb and told the company that they could no longer allow her to stay there.
This is not entirely true. I asked him to fix the fridge because the insulation is broken and it won’t stay cold. I didn’t ask him to install different lights. I noticed he had halogens and suggested switching to LEDs to save money. It was a helpful suggestion, not a request. And he never said it was for an unpleasant reason. He just told me that the dates were canceled due to a family emergency. It is a big contradiction.
The landlord gave Coogler 48 hours notice to vacate the premises. However, Kugler said he may not be packing up anytime soon. Therefore, even though he asked for a few more days, the presenter refused.
Meanwhile, according to messages reviewed by Coogler, he contacted Airbnb within days to find a new place to stay at the same nightly rate. Before Coogler could find a new place to stay, his original reservation ran out of time. As he still did not leave, the landlady called the police to evict him from her property. Part of the reason she went to the police, she said, was because Airbnb didn’t help her leave.
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“I felt uncomfortable,” she said. “I lived in the main house and I didn’t feel comfortable having this person on my property.”
Kugler left the room after police asked him to leave. Even though Airbnb paid for Coogler’s stay, offered to help him find another Airbnb, and paid for hotels for the nights he couldn’t find a suitable place through Airbnb, Coogler said it didn’t matter to him because he’s a pretty special person. person It was so special that he looked at options for hours before landing on this one.
“As it is now, if you book an Airbnb, you can end up homeless and out on the street at any moment,” he said. “If it stays, I think they may lose some customers as awareness grows.”
While it’s technically acceptable behavior to cancel a guest’s reservation under Airbnb’s terms of service, it’s certainly rare. That means guests are at risk of canceling mid-stay, but Airbnb says it’s willing to work to rebook anyone who does.
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“We’ve had more than 300 million guests on Airbnb to date, and negative experiences are extremely rare,” Airbnb spokesperson Nick Pappas told SETimes. “We have rebooked our guest and continued with our host for this booking. We work hard to make sure every guest has a great experience, and when things don’t go as expected, we want to make it right.”
Kugler eventually wants Airbnb to change its terms of service. But Airbnb, which is just a home-rental vehicle, said in a message to Kugler that it can’t force people to make their places available no matter what.
“Listings on our platform are owned and controlled by the host,” said Airbnb representative Kugler. “Airbnb cannot force a host to accept guests again if they are unwilling or unable for any reason.”
Also, as Airbnb states in its emergency and other unavoidable circumstances policy, sometimes life happens. In its help article, Airbnb says that it “empowers hosts to set and manage cancellation policies” and that if a host or guest needs to cancel a reservation, they are responsible for doing so as soon as possible.
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“Occasionally, certain circumstances beyond the host’s or guest’s control may affect their ability to fulfill the terms of the reservation,” the help page says.
According to the terms of service, guests can post a public review on the host’s listing profile if the host cancels on or after the day of check-in. Coogler did, which prompted a response from the host. Again, no need to go into details. Instead, it should serve as a public service reminder that Airbnb, along with many other startups in this sharing economy, is not just on the customer side.
Unlike hotels and taxis, the idea that the customer is always right doesn’t fly in this kind of economy. Airbnb, along with peers like Uber and Lyft, are intermediaries, meaning it’s in their best interest to make sure both hosts and guests—drivers and riders, respectively—are happy. But in this case, neither the host nor the guest ended up happy. As millions of Americans close their doors to the threat of the coronavirus, those who venture abroad — to seek necessities or be unaware of the new rules — face a rapidly changing world.
And the places that remained open a few weeks ago refused to serve customers for reasons that didn’t seem reasonable: because they were wearing scrubs, talking about their last trip abroad, or because they had a cough.
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Scores of concerned Americans took to social media to complain, with some even questioning whether it was legal for the business to pick up customers who were coughing. The short answer to this question is yes.
Florencia Marotta-Wurgler, a law professor at New York University School of Law, said that businesses generally have ample leeway to refuse to serve someone.
In addition, he said, stores have no legal “duty” to rescue people who need essential supplies like gas or medicine.
Under the Civil Rights Act, a business cannot deny goods or services based on race, color, religion, or national origin. Under the current circumstances, this means that even if there is an increase in coronavirus cases, a business cannot refuse service to a customer from a certain country.
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The same applies to people with developmental disabilities who are provided with accommodations under the Americans with Disabilities Act. Harvard Law School law professor Joseph Singer said the law does not require businesses to serve “those who pose a direct threat to the health and safety of others.”
Stacey Lee, a business law expert at Johns Hopkins University, added that a coronavirus diagnosis is not considered a disability under the law.
“It would be entirely within their power to deny,” Lee said. “It’s a potential danger to other patrons.”
Similarly, airlines may refuse to board or remove passengers they deem a danger to others. Some, including Delta, have specific contract language that allows them to refuse service if a passenger has a communicable disease.
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But with most non-essential businesses shutting down entirely or limiting operations to reduce exposure to workers and customers, such concerns are moot.
The US Centers for Disease Control and Prevention has issued guidelines recommending increased sanitation, sick leave and physical isolation practices for symptomatic workers for those who remain active.
“The focus is mainly on protecting workers,” Marotta-Wurgler said. “And to make sure any patrons don’t get sick.”
Harvard Law School professor Glenn Cohen says it can be a shock for Americans to learn that their primary care physician “doesn’t have a duty to treat you.”
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Physicians may not refuse service based on race, disability, or other categories defined by law. But otherwise, they have the right to provide services as they see fit, just like any other business. Cohen said they may face some “abandonment liability” if they discharge a patient, but the law gives doctors considerable leeway.
“Even if you’ve been my patient for 20 years, if you come in tomorrow for a COVID test, the typical background rule is that it’s a new treatment relationship,” Cohen said, “and I don’t have to accept. You do.”
But there’s a major exception in health care: Federal law requires emergency rooms in hospitals that accept Medicare and Medicaid — the vast majority
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