H.B. 352
GENERAL ASSEMBLY OF NORTH CAROLINA
Mar 22, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10148-MQ-63A
Short Title: Hotel Safety Issues. (Public)
Sponsors: Representatives Bradford, Mills, Moffitt, and Richardson (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO CLARIFY THAT OCCUPANTS OF ACCOMMODATIONS PROVIDED BY
3 HOTELS, MOTELS, OR SIMILAR LODGINGS DO NOT CREATE A TENANCY AND
4 ARE NOT SUBJECT TO CHAPTER 42 OF THE GENERAL STATUTES AND TO
5 CLARIFY THAT THESE OCCUPANCIES ARE GOVERNED BY THE STATUTES
6 RELATING TO INNS, HOTELS, AND OTHER TRANSIENT OCCUPANCIES.
7 The General Assembly of North Carolina enacts:
8 SECTION 1. Article 1 of Chapter 42 of the General Statutes is amended by adding
9 a new section to read:
10 "§ 42-14.5. Transient occupancies excluded.
11 The provisions of this Chapter shall not apply to transient occupancies, as defined in
12 G.S. 72-1(c). An agreement related to a transient occupancy shall not be deemed to create a
13 tenancy or a residential tenancy unless expressly provided in the agreement."
14 SECTION 2. G.S. 72-1 reads as rewritten:
15 "§ 72-1. Must furnish accommodations; contracts for termination valid.
16 (a) Every innkeeper shall at all times provide suitable lodging accommodations for
17 persons accepted as guests in his inn or hotel.an inn, hotel, motel, or other similar transient
18 occupancy.
19 (b) A written statement setting forth the time period during which a guest may occupy an
20 assigned room, signed or initialed by the guest, shall be deemed a valid contract, and at the
21 expiration of such time period the lodger may be restrained from entering and any property of
22 the guest may be removed by the innkeeper without liability, except for damages to or loss of
23 such property attributable to its removal.
24 (c) For the purposes of this section, a "transient occupancy" is the rental of an
25 accommodation by an inn, hotel, motel, or similar lodging to the same guest or occupant for
26 fewer than 90 consecutive days."
27 SECTION 3. This act is effective when it becomes law and applies to a person
28 renting an accommodation in a hotel, motel, or similar lodging facility on or after that date. A
29 person's rental period shall be calculated from the first day of consecutive occupation, or right of
30 occupation, in the lodging facility regardless of whether the period began before the effective
31 date of this act.
*DRH10148-MQ-63A*


Statutes affected:
Filed: 72-1
Edition 1: 72-1
Edition 2: 72-1
Edition 3: 42-39, 72-1
Ratified: 42-39, 72-1