Renters’ Rights in Pennsylvania Hotels and Motels: Key Tenancy Rules

If you are staying at a hotel or motel in Pennsylvania, it’s important to understand what rights you have as a guest versus a tenant. Rules are different from standard rental housing, so knowing the line between being a ‘transient guest’ and a ‘residential tenant’ can help protect you from wrongful eviction or loss of rights. This guide explores Pennsylvania’s hotel and motel tenancy laws, including what to do if you think you’re being treated unfairly.

Hotel and Motel Stays: Guest or Tenant?

In Pennsylvania, your rights depend on whether you’re considered a temporary guest or a tenant. This affects the protections you have and what procedures property owners must follow before asking you to leave.

Difference Between Guest and Tenant

• Guest: Typically staying for a few nights, paying per night, with no intention of making the hotel or motel their permanent home.
• Tenant: Has established the hotel or motel as a primary residence, often with extended stays, mailing address use, or making the space their home.

If you’ve lived in a hotel or motel in Pennsylvania for more than 30 consecutive days, or you pay rent weekly or monthly, you may be considered a tenant under state law. This is an important distinction, because tenants are protected by Pennsylvania’s landlord-tenant laws, and can only be evicted through a court process—not simply locked out or asked to leave suddenly.^[1]

Your Rights as a Hotel or Motel Tenant

As a tenant (not a guest), you are entitled to certain protections under Pennsylvania’s Landlord and Tenant Act and related housing laws. Here’s what this means for you:

• Eviction: The hotel/motel owner must go through the official eviction process. This includes serving you with a written Notice to Quit, which gives you time to move out or correct any issues.
• Protection from Lockout: You cannot be removed or locked out without a court order if you are considered a tenant.
• Right to Notice: Landlords must provide proper notice (usually 15 days for stays less than a year, and 30 days for a year or more).

If you’re unsure whether you qualify as a tenant, look at how long you’ve stayed, what address you use for mail, and whether your stay is open-ended. Documentation and receipts can help prove your tenancy in case of disputes.

Eviction Process and Official Forms

If the hotel or motel wants you to leave and you qualify as a tenant, they need to follow Pennsylvania’s standard eviction process. Here are the essential steps and forms:

• Notice to Quit: The landlord must first provide a written Notice to Quit (no official statewide form, but requirements are outlined in PA Code). This document tells you the date you must vacate or resolve the problem (like unpaid rent).
• Landlord-Tenant Complaint (PA Magisterial District Courts Form): If you do not leave after the notice period, a landlord must file a Landlord-Tenant Complaint in Magisterial District Court.
  • Form Name: Landlord-Tenant Complaint (AOPC 310A)
  • When to Use: After receiving a Notice to Quit and not moving out, this starts the legal eviction process.
  • Where to Get: Download the official complaint form and instructions from the Pennsylvania Courts website.
• Eviction Hearing: You have the right to attend the court hearing and present your side. The Magisterial District Court handles residential tenancy disputes.

Practical Example

If you’ve lived in the same motel room for over 30 days and the owner tells you to leave tomorrow, you may be protected as a tenant. If you receive a written Notice to Quit, you have a specified period to move out. If the motel files for eviction, you will receive formal court documents to appear in court and can explain your situation to the judge.

Legislation and Tribunal Handling Hotel/Motel Tenancy

• Pennsylvania Landlord and Tenant Act (68 P.S. § 250.101 et seq.)
• Cases involving eviction and tenancy—including hotel and motel disputes—are handled by the Magisterial District Courts of Pennsylvania.

Steps to Respond to a Hotel/Motel Eviction Attempt

If you believe you have become a tenant and are facing eviction or lockout, here’s what to do:

• Keep all receipts, proof of stay, and written communications from the hotel/motel.
• If threatened with lockout, explain your tenancy rights to the manager and reference the Landlord and Tenant Act.
• If given a written Notice to Quit, note the date and start planning your response.
• If you receive a court summons, attend the Magisterial District Court hearing and bring documentation.
• Contact legal aid or your county’s housing authority for guidance.

Always seek legal help if you feel your rights have been violated.

Frequently Asked Questions

1. When does a motel guest become a tenant in Pennsylvania?
   Generally, after 30 consecutive days or if you establish the motel as your primary residence, you may be recognized as a tenant under Pennsylvania law.
2. Can a hotel or motel evict me without a court process?
   If you are a tenant, you cannot be locked out or removed without a formal eviction order from the Magisterial District Court.
3. What should I do if I’m locked out by hotel staff?
   Contact your local police, keep records, and file a complaint with the Pennsylvania Attorney General’s Landlord-Tenant Complaint portal.
4. How do I respond to a Notice to Quit from a motel in Pennsylvania?
   Review the notice period, seek legal advice, and prepare to present your case in Magisterial District Court if the owner proceeds with eviction.
5. Where can I find the Pennsylvania Landlord-Tenant Complaint form?
   Download it directly from the Pennsylvania Courts official website.

Key Takeaways for Pennsylvania Hotel and Motel Tenants

• Long-term hotel and motel guests in Pennsylvania may qualify as tenants and be protected by state law.
• Tenants can only be evicted through the court process—never by immediate lockout.
• If facing problems, document your stay and seek legal help from official sources.

Need Help? Resources for Renters

• Pennsylvania Housing Finance Agency – Renter Resources
• Pennsylvania Attorney General – Landlord-Tenant Complaint Form
• Magisterial District Courts – Tenant Hearings Info
• PA Law Help – Tenant Rights and Responsibilities

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1. Pennsylvania Landlord and Tenant Act: See full text here
2. Pennsylvania Magisterial District Court Official Resources: Court information and forms
3. Attorney General Tenant Complaint Portal: File online here

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