Virginia Hotel & Motel Tenancy Rules Explained for Renters

If you're staying in a hotel or motel in Virginia for an extended period, you might wonder whether you have rights and protections similar to a traditional renter. Hotel and motel tenancies are different from standard residential leases, and Virginia law defines when someone living in a hotel or motel is considered a “guest” or a legal “tenant.” This article breaks down your rights, what protections apply, and the official steps you can take if issues come up.

When Does a Hotel or Motel Stay Count as Tenancy?

In Virginia, a person staying in a hotel or motel is generally considered a “guest.” However, if your stay is for 90 consecutive days or longer, you may be considered a tenant and gain full protection under the Virginia Residential Landlord and Tenant Act (VRLTA).^[1]

• If you occupy a hotel or motel room for less than 90 days, you are usually treated as a guest and not protected by tenancy laws.
• After 90 consecutive days (and if you have no other home), you can gain legal tenant status.
• Tenants have more rights regarding eviction notice, due process, and living conditions.

If you pay rent weekly or monthly, be sure to keep records of your payments and any communication with the property manager.

Your Rights and Protections as a Long-term Hotel or Motel Renter

Once you've stayed for 90 consecutive days, or if you have a written rental agreement, you may qualify for tenant protections in Virginia:

• Eviction Protections: Your landlord (the hotel/motel operator) must follow Virginia's legal eviction process, including proper notice.
• Rent Increases: Rent can only be increased as your agreement allows or with proper notice (typically 30 days for month-to-month).
• Right to a Habitable Unit: The property must be safe and meet basic health and safety standards.
• Security Deposits: If collected, the laws on returning deposits apply.

Before gaining “tenant” status, you are treated as a guest and can be removed with little or no notice.

Eviction Rules: Guest vs. Tenant Status

Hotels and motels may ask you to leave at any time if you are a guest (less than 90 days). As a legal tenant:

• The hotel/motel must first provide written notice of eviction—typically 5 days for nonpayment of rent or 30 days for non-renewal (for month-to-month rental).
• If you do not leave, only the General District Court can order your eviction with a formal court notice, called an “unlawful detainer.”

Official Forms and How to Use Them

• Summons for Unlawful Detainer (Form DC-421): This is used if a hotel/motel seeks to evict you after you have become a tenant. You will receive this form if they file for eviction in General District Court.
  • When and how to use: If you are served with this form, you should prepare to attend the court hearing and gather proof of your residential status (such as receipts or records of stay). Respond in writing if needed.
  • Download DC-421 from Virginia's official court site
• Tenant’s Assertion and Complaint (Form DC-429): If conditions are unsafe or repairs ignored after you become a tenant, you can use this form to ask the court to order repairs or adjust rent.
  • When and how to use: After written notice and failure to fix, file this form with your General District Court. Include evidence of your complaint and proof of your tenancy.
  • Download DC-429 from the Virginia court system

Which Tribunal Handles Hotel and Motel Tenancy Issues?

Eviction and tenancy disputes in Virginia are managed by the General District Court. To resolve legal conflicts or challenge wrongful evictions, you may need to file your case here.

Summary: Key Points for Long-term Hotel & Motel Residents

Determining whether you are a "guest" or a "tenant" is essential in knowing what legal rights you have. Protect your interests by:

• Keeping documentation of your stay (receipts, communication).
• Understanding when you cross from guest to tenant (90+ days).
• Knowing about official forms and when to contact the General District Court.

FAQs: Virginia Hotel and Motel Tenancy Rules

1. Do I have full tenant rights if I've stayed 60 days in a Virginia motel?
   Not yet; you generally only gain tenant rights after 90 consecutive days or if you have a written rental agreement. Until then, you are considered a guest.
2. Can a hotel or motel evict me with no notice in Virginia?
   If you're a guest (less than 90 days), yes. If you've stayed 90+ days and are a tenant, they must follow the legal notice and court eviction process.
3. What court handles hotel eviction cases in Virginia?
   The General District Court reviews unlawful detainer (eviction) cases for hotel and motel tenancies.
4. Are there official forms I can use if a motel won’t make repairs?
   Yes, you can use the Tenant’s Assertion and Complaint (DC-429) after becoming a tenant and giving written notice for repairs.
5. Where can I see the law about hotel and motel tenancy in Virginia?
   Read the Virginia Residential Landlord and Tenant Act for details.

Need Help? Resources for Renters

• Virginia Landlord-Tenant Handbook – Official guide to renter rights and laws.
• Virginia General District Court – Handles eviction and tenancy hearings statewide.
• Virginia Residential Landlord and Tenant Act – Read the law on hotel, motel, and standard rental rights.
• Virginia Department of Housing and Community Development: Renter Rights

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1. Virginia Code § 55.1-1200 – VRLTA Definitions
2. Virginia Code § 55.1-1201 – Scope of VRLTA (applying to hotels/motels upon qualifying stay)
3. DC-421: Summons for Unlawful Detainer
4. DC-429: Tenant’s Assertion and Complaint

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