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Duty to Persons Who Are Not Guests

A person who is not a guest (or intending immediately to become a guest) generally has no right to enter or remain on the premises over the objection of the hotel. Nor can a non-guest resort to public areas of the premises, such as lobbies or hallways, without the consent of the hotel. Despite the fact that the hotel has held itself out to the public with an invitation to enter and seek out accommodations, any person who enters without the intention of accepting an invitation for accommodations remains on the premises only by the consent of the hotel.

A widely-acknowledged exception to this general rule is that a non-guest or stranger coming to the hotel at the request or invitation of an existing guest has a right to enter the premises for that purpose; otherwise, the guest would unfairly be deprived of a privilege necessary for his or her comfort while at the hotel. However, the hotel may revoke such permission if the non-guest engages in conduct which would justify his or her eviction.

There is no duty to permit non-guests into the hotel public areas for the purpose of soliciting business from hotel guests. To the contrary, there is a duty to protect guests from bothersome or troublesome non-guests. Accordingly, most hotels have posted notices that prohibit solicitation of any kind on the premises.

Inside Duty to Persons Who Are Not Guests