By Sarah Mirando  |  April 16, 2011

Category: Legal News

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Extended Stay Hotels Must Face Class Action Lawsuit

 

By Mike Holter


Extended Stay AmericaExtended Stay Hotels has failed to dismiss a class action lawsuit that claims the hotel chain subjects long-term residents to repeated and unlawful lockouts because it has figured out a way to skirt landlord-tenet laws in order to prevent its long-term residents from obtaining tenant rights under California law. Extended Stay Hotels operates Extended Stay America, Extended Stay Deluxe Hotel, and Homestead Studio Suites Hotels.

 

According to the Extended Stay Hotels class action lawsuit, Extended Stay seeks to avoid landlord-tenet laws by requiring its long-term residents to enter into a “Long-Term Lodging Agreement” every 29 days and 20 hours. The class action alleges that, by doing this, Extended Stay Hotels purposefully prevents its long-term residents from obtaining tenant rights under California law, which are granted after 30 days of continuous occupancy.

 

“Extended Stay’s residential agreements are carefully designed to prevent long-term residents from becoming tenants. Unlike typical hotels, many of these residents are not short-term guests, vacationers or business travelers – Extended Stay is their primary residence. Extended Stay is their home. Many long-term residents live at Extended Stay with their spouses, significant others and with their children. However, Extended Stay seeks to bypass the unlawful detainer process, lock them out of their rooms without notice and a hearing, and forego its responsibility to treat these residents as tenants,” said a lawyer representing the plaintiffs in the case.

 

The Extended Stay class action lawsuit further charges the company with subjecting its long-term residents to repeated and unlawful lockouts when they fail to pay rent or re-register under the residential agreement. The class action states that long-term residents were locked out of their rooms with their possessions inside, without written notice or access to the unlawful detainer process. The lead plaintiff in the case, James Soroka, claims he has lived at Extended Stay for over 5 years and was allegedly subjected to dozens of lockouts without being offered tenant protections afforded under California law.

 

The Extended Stay class action is seeking relief on behalf of a proposed class of long-term residents who were allegedly subjected to repeated and unlawful lockouts.

 

The case is Soroka v. HVM L.L.C. d/b/a Extended Stay Hotels, Case No. 2:10-cv-02883-WBS-CMK (TEMP) is currently pending in the Eastern District of California. 

 

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Updated April 16th, 2011

 

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44 thoughts onExtended Stay Hotels Must Face Class Action Lawsuit

  1. James and Nicole Mitchell says:

    Good morning, I stay at the extended stay off of Tennessee St. from September 5th- October 5th 2024 . At the time we made our reservations with the front desk; at that time we were asked if we would like our card debited we said “ no never , we will pay in person “. We would come to pay in person every 14 days . We never had a balance and always paid on time . On October 2nd we did our regular routine of coming in to pay after working. Two days later on my birthday we got woke up made aware that we need to check out – though we are pay up til Oct 16th. We calmly came down to discuss the issue being told that they are “ sorry , the rates have changed and we have to go or police will be called “. We said a prayer with no idea where we would go or what we will do . We went to our church to ask for help . While packing our belongings another tenet decided they want to use the cart we are using and a house keeper decides she’s going to advocate for them – in what I would definitely acknowledge as an act of racism. I have a video of the house keeper arguing with my husband to take the cart which I refused to give . This resulted in me calling the police , so that the situation didn’t become violent . During our stay we where quiet respectfull and had no issues until the cart issue where I refused to continue to be bullied . We were charged and paid 1760.81 for a month stay . On Oct 2nd billed 460.67 , 33.74 for internet and a random charge without permission for 112.48. We want this money returned to our account as the Contract was breached . We will not accept this and will file a lawsuit if this is not resolved within 15 days

  2. Alicia says:

    ESA in Lakeland FL started off good, besides the extreme amount it cost to pay for a room. I was paying $2626 for a month! They never cleaned my room, washed my towels, or did any interaction with me but still think the price is justified. Anyways, I was the only person listed on my room but I had a guest who was my gf at the time staying with me. After we got into an altercation in our room I asked her to leave and informed the front desk to not provide her or anyone who doesn’t show my ID with a key to my room. The front desk manager also said she cannot come back on the property and would be arrested for trespassing since that is protocol after corporate gets involved. NONETHELESS the next day they provided her with a key to my room while I was sleeping and she stole gold, silver and cash along with other things from me in the amount of over $15,000. When reporting it to the cops, the front desk manager lied and said both of our names are on the room and even doctored the records (I have the original) and showed them a video out of context of me defending myself from her violence and I was arrested for domestic violence….. this place and company is a joke. I stayed there for three consecutive months and they are about to be served with lawsuit soon.

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