To ask any of you who have worked in hotels how to evict a guest?

[Seashore2018]

I've got another thread about a complex situation going on with my MIL and FIL (tl;dr: she is financially abusing and coercively controlling him and one of the problems is that she is taking the money that is needed to support them in retirement and pissing it away by staying in a luxury apartment hotel, in part to punish him as she absolutely loathes him while refusing to countenance separation or divorce).

Anyway, I've got a question for those of you who have worked in hotels either on the front desk, or in the back office on accounts, or in management. If a guest will not check out, and is not paying their bill, and it isn't their name on the account, how do you evict them? What is the procedure?

FIL's name is on the account, and he was the one who paid initially, but he's now run out of money to pay and has moved out to a studio apartment one of his sons has rented for him. After a lot of pleading from us he has stopped paying the hotel bill, and has apparently told the hotel he has checked out, but MIL (think Hyacinth Bucket) refuses to leave and because her name is not on the account she's not liable for the debt that she, and only she, is accruing.

Along with the other adult children and their partners in the situation, I'm at a complete loss to understand why a hotel would not simply chuck a guest out in a situation where they have stopped paying. We know she went out at least once this past weekend, and needs to go out regularly eg. to go food shopping. If you had a non-paying guest, why would you not simply stop the key-card to the room working when she went out, and put all her possessions in a store-room somewhere for her to collect later, and evict her that way? But the hotel aren't doing this, and won't even talk to any of MIL or FIL's children or their spouses-in-law about it, because of privacy reasons. Apparently there needs to be vacant possession of the apartment before the hotel will accept FIL has checked out: FIL has left (and has apparently told them this) but it's the fact that MIL is staying in the room that is apparently the problem.

An additional wrinkle is that MIL is a hoarder and has been in the room long enough that she has filled it with stuff, so it's actually causing damage to their property.

We figure there must be some legal reason for the hotel failing to evict her, though MIL is a master manipulator and is no doubt playing off the desk staff against the management against the cleaning staff by having strategic meltdowns which are her speciality and which she uses to make people feel sorry for her, the poor elderly lady whose husband has deserted her and who can't possibly be thrown out of a hotel . We badly need her out of there so that we can stop MIL racking up a debt in FIL's name and preserve something of his funds so as to be able to get them proper (safe and clean) accommodation for their old age.

Any hotel workers have any insights? Or anyone who's been in a situation where a hotel did (or didn't) successfully evict them after non-payment of a bill? I think there are only a few weeks which haven't been paid for, but it is still a fairly hefty sum.

When you check out, you vacate the room. The two go hand in hand. He's left, but they've not checked out. He's still liable and you need to explain to the management in words of one syllable what's happening. I'll be honest, without payment of a presented bill, we would have called the police for non-payment. This is a family run hotel though. Can you not just ask them to present a bill and see what happens?

@thenightsky

Have you posted about this awful woman previously OP? It rings bells with me and I remember feeling so dreadfully sorry for your poor fil.

I do have another thread about this situation where I had asked for more general advice. This is a specific situation which is one small part of that, and it's pretty urgent given the amount of money that is going down the drain each day, so I thought it would be worth asking here in AIBU in case any hotel workers saw it.

I have worked in hotels but not come across this scenario I'm afraid.

If it is "not checked out" as the hotel say, he can presumably still access it - go to reception with a supportive person, and get a key to the room. So it's all very mission impossible but how about... a) somebody effectively stakes out the hotel to see when she leaves to get shopping etc. b) he goes in, gets the key, and somebody who Will Not Be Pushed Around goes into the room and bolts the door from the inside. Some kindly person helps ensure that FIL has told the hotel in writing and in person that X person has his permission to be in HIS room and nobody else, including specifically MIL is to be allowed in or to have a key. That person then takes FIL right away from the scene that will occur when MIL turns back up and screams the place down. Forewarn staff. Screaming banshee MIL will, at some point, have to leave the damn hotel. Person locked inside the room can keep busy with rolls of bin bags, boxes etc and pack up and clean up as best they can until they can remove her possessions when the coast is clear and finally close the damn account.

The solution is FIL goes to the hotel asks to be let in to the room. Whilst he is there he requests they call her down to reception for something or he waits until he sees her go to the shops. He removes all her belongings from the room and then tells them the room is empty please deactivate her key. Alternatively call in the police and tell them fil has left she refuses to do so and is therefore trespassing. It is his room after all not hers. If his in it he can have her removed meaning he can get her out that way

Are you sure she has no access to a card?. As the bills were paid each time until now, she may have persuaded them to take a card as security and promised payment in cash at a later date?
I worked in a hotel and if your FIL rang the manager & then put in writing (email) that he has officially checked out, we would make sure her key card wouldn’t work. She would then have to come to Reception and she would be asked for whatever payment was due. If she couldn’t provide payment there and then, she would be asked to leave.
Depending on how much was owed, either we would be glad to get rid or the police will be called.
If there is quite a lot of money owed, I would presume the hotel will pursue your FIL..unless he has proof that he informed them that he was checking out and has a final bill.

With all due respect, OP, without knowing what country you are in nobody can advise. And even then, it is very niche.

It just gets worse! I would ask hotel to cancel the room card when she goes out. Harsh and she will kick off but at least then services will get involved if she makes a big enough scene.
Really feeling for you, but you almost need her to kick off to get social work involved.

from your posts, it is obvious that the hotel considers that your FIL has not checked out. The debt is on your FIL until he can vacate that room.

General principals:

Get in direct contact with the management.

Send official letters stating that FIL checked out to the best of his ability on X date and will not be held liable for any future bills.

Buzz words and phrases that might just work:

Ask management to show you their risk assessment for the situation.

Ask for their safeguarding policy. Make it clear repeatedly that is is the elderly man that is being abused on their premesis. Tell them that you will sue them.

Tell them that you will go to the press for their part in your father's elder abuse.

Allow Big, Noisy Stand offs in the most public of places in their hotel. The more inconvenience and concerns about damaging their reputation that you can put clearly in front of management, the better.

Go higher up, and keep going until you get to the owner.

Be the bigger inconvenience to them and don't let staff fob you off. Ring twice a day minimum, every darn day until it is sorted.

I suspect the hotel is on dodgy ground legally in refusing to accept that FIL has checked out. I don't see how they can impose liability on him. It does need to be spelt out to the hotel by solicitors that he has no liability and won't be paying. Maybe if they realise they can't demand that he pay they will be more interested in doing something about this situation.

How long have they been staying in this room? You talk of her being a hoarder and this being a big clean-out? Have they been living at this hotel for years or days? I have to imagine the timeline makes a difference in how both the hotel and any legal jurisdiction would react to the situation.

I’m not one of the 101 log it crowd but in this case I think it might be advisable to speak to them. Your FIL has told the hotel he is not paying any more, they aren’t listening. What a weird and horrible situation.

I suppose when your FIL checked in , he did so with MIL, she is still in the room with all her stuff, so the hotel would class that as not vacating the room, regardless of where he is now.
I would be tempted to be a bit sneaky and let the hotel know that you think FIL is going to be made bankrupt very soon, see if that makes any difference to how they view MIL ?

Could he trick her by telling her he's moving her to a more expensive, nicer hotel, because he's so rich ! Send a taxi to pick her up with all her stuff. Book her into the new one under her name and only pay for a few days.

It’s extremely unusual for a hotel not to request a credit card to have on file for ‘extras’, even if the stay is paid in cash. That is basic Reception management, and I’m amazed the financial controller hasn’t sought payment to bring the room up to date.

I’d an experience years ago when a guest was ringing up huge charges in the bar and on phone (sex) lines. He was a high net worth individual but deeply troubled. He had fallen out with his family and was living dangerously (socialising with very dodgy people, dealers coming to the hotel.) management insisted on the bill being settled weekly. Cash flow is extremely important in hospitality businesses, and I would wonder if she has a credit card (maybe in both names??) guaranteeing the bill.

I’d suggest an email to the reception and cc management stating Mr X is not liable for the charges, ask for acknowledgement in writing. They will have to pursue it with her and will likely ask her to leave.

(The individual above I refer to subsequently met a tragic death; house fire when he was comatose on booze/drugs. Phenomenally wealthy family.)

Whereabouts is this hotel OP? I ask because the rules will be different depending on the country you are in.

Additionally it is very unusual for a hotel not to have a credit card on file regardless of how the bill is paid. I used to work in a hotel years ago and even if the bill was prepaid or paid in cash, we still needed every guest to provide a credit card in case of incidentals and/or damage.

How long has she been there/how long since he thinks he checked out? Days? Weeks? Months? It's very odd that the hotel doesn't have a card on file and it makes me wonder if the golden child of the moment has given them their card?

Op, if he’s checked out he will have his invoice. The hotel clearly think he has not. So he needs to go to the hotel and check out

How is she buying food?
Stop her card if it is joint or tell teh bank it's been lost /stolen.
Are the hotel billing his card? That can be checked surely.
Solicitor is the best help. I doubt the hotel have had this issue before. They can't drag her out, I doubt the police can either.

The only solution I can think of is a hit man.

If your FIL is the sole account holder can he not wait until she goes out then go up to the reception desk and say he wants the key card for his guest cancelling immediately and that no new ones are to be given to anyone except him. Then ask for his own key card and clear the room. Then he can check out as the room will be vacated.

Does vacating the room include removing stuff? People leave belongings in hotel rooms all the time so I’m guessing that legally, having stuff left in the room won’t count. (getting it back is a separate matter and one mil can sort for herself)

Therefore if you stake out the hotel, wait until she leaves to go shopping, and fil pops up to the desk and checks out, that should be the job done.

But, and I’m guessing again, that will probably leave him liable for the debt accrued.

So I would be inclined to try a solicitor first and give a breakdown of the times/dates of calls made to the hotel. Keep a log if you haven’t already.