Texas Hotel and Motel Tenant Rights: Key Laws & Protections

If you’re living in a hotel or motel in Texas for an extended period or using it as your only home, your rights may extend beyond those of a typical guest. This article explains what protections Texas law offers to hotel and motel residents, how tenancy rules apply, and what renters need to know about eviction, security deposits, and official forms in these unique housing situations.

When Does a Hotel or Motel Stay Become a "Tenancy" in Texas?

In Texas, your legal rights as a hotel or motel resident depend on whether you are considered a "tenant" or just a "guest." If you use the hotel/motel as your main place of residence, especially if you’ve stayed for 30 days or more without interruption, Texas law may treat you as a tenant with added protections against immediate eviction. For shorter stays or those specifically for temporary purposes (like vacation), you are generally considered a guest with limited rights.

• Staying 30 days or more? You are often presumed to be a tenant.¹
• Paying weekly and using the room as your home? You may have additional rights under state housing law.
• Short-term or vacation stay? Standard guest rules may apply, and you can be asked to leave more easily.

Tenant Rights for Long-Term Hotel and Motel Residents in Texas

Texas law, specifically Texas Property Code Chapter 92 – Residential Tenancies, governs landlords and tenants. If your arrangement meets the definition of a tenancy, you gain rights such as:

• Advance written notice before eviction (usually at least 3 days unless your rental agreement states otherwise)
• The right to a safe and habitable room
• A process to dispute wrongful eviction

However, if your stay is considered temporary and you are a guest, hotel management may remove you with minimal notice, especially for violating hotel rules or not paying.

Eviction Rules for Hotels and Motels in Texas

If you are considered a tenant, you cannot be locked out, have utilities turned off, or be removed from your room without proper notice and a court order. The landlord (hotel/motel owner) must:

• Give you a written notice to vacate (usually 3 days in advance)
• File for eviction at the local Justice of the Peace Court if you do not leave
• Receive a court judgment before forcing you to leave

If you are still a hotel “guest,” the management can ask you to leave at any time and may call law enforcement to remove you for nonpayment or rule violations, with fewer formalities.

Common Official Texas Forms and How to Use Them

• Justice Court Petition (Eviction Case) – Form JP-Civil-7-1
  When used: If you are a hotel/motel operator and need to formally evict a resident who qualifies as a tenant, you file this with the local Justice of the Peace Court. If you are a tenant receiving this form, it means court action has started and you must respond.
  Example: You have made your hotel room your home, stopped paying rent, and the hotel initiates an eviction.
  Access Justice Court Petition (Eviction Case) – JP-Civil-7-1
• Answer to Eviction Case – Form JP-Civil-7-3
  When used: If you receive an eviction petition, use this form to provide your response within the deadline stated on your court paperwork.
  Example: You believe you should be treated as a tenant, not a guest, and want to explain to the judge why the eviction is improper.
  Access Answer to Eviction Case – JP-Civil-7-3
• Application for Writ of Possession – Form JP-Civil-7-4
  When used: After the court orders eviction, the hotel/motel can use this form to ask the court for an official order to remove you if you do not leave.
  Example: You were ordered to vacate your extended-stay hotel after losing in court. The hotel uses this form to enforce the judgment.
  Access Application for Writ of Possession – JP-Civil-7-4

For more eviction forms and resources, visit the official Texas Judicial Branch's Eviction page.

Who Handles Rental Disputes in Texas?

The Texas Justice of the Peace Courts handle residential eviction cases and disputes between hotel/motel tenants and owners. This is the official tribunal for these matters.

Security Deposits, Repairs, and Other Rights

If you are a tenant (not a guest), you may also be entitled to protections around your security deposit and repairs under Texas Property Code Chapter 92:

• The right to receive your security deposit (minus eligible deductions) within 30 days after moving out
• Repairs to major problems affecting health or safety
• The ability to request written notice of entry before hotel staff enter your room (except emergencies)

Quick Checklist: Are You a Tenant or Hotel Guest?

• Have you lived in your room 30 days or more?
• Is the hotel/motel your only home?
• Do you pay rent weekly or monthly rather than nightly?

If you answered "yes" to most, Texas may treat you as a tenant instead of a guest. This distinction is crucial for your rights.

FAQ: Texas Hotel and Motel Tenancy

1. Can I be evicted without notice from a Texas hotel or motel?
   If you are considered a tenant, you must receive a written notice to vacate and a court order before being locked out. Hotel “guests” can be asked to leave at any time with very limited notice.
2. What if management tries to force me out illegally?
   Tenants who are illegally locked out or evicted without court order can file a complaint and may seek to recover possession through the local Justice of the Peace Court.
3. Do I get my security deposit back if I leave a hotel or motel?
   Tenants are entitled to the return of their security deposit (minus deductions) within 30 days of moving out. Guests don’t always have this protection.
4. How do I know if I am a "tenant" or "guest"?
   Factors include how long you’ve stayed, if this is your primary residence, and how rent is paid. Legal aid or the JP Court can help clarify your status.

Conclusion: What Texas Renters Need to Remember

• Long-term hotel/motel residents may have tenant rights under Texas law
• Eviction of tenants requires notice and a court order—guests have less protection
• Always check your status and ask for help if you’re unsure

Understanding the difference between being a "tenant" and a "guest" is the key to knowing your rights and protections in Texas hotels or motels.

Need Help? Resources for Renters

• Texas Justice of the Peace Courts: Find your local court or file a complaint.
• TexasLawHelp – Hotel and Motel Tenancy Rights: State housing legal guidance.
• Texas Department of Housing and Community Affairs: General tenant and housing support.
• For free legal assistance, check local legal aid organizations in your county or Texas Legal Aid Directory.

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1. Texas Property Code Chapter 92. See: Texas Property Code: Landlord and Tenant Responsibilities
2. See the Texas Judicial Branch’s official Evictions Procedures page

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