Legal Question in Business Law in California

How many days does a hotel have to keep guest belongings that aren't claimed under California Law?


Asked on 4/12/12, 6:16 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It depends upon the circumstances under which the hotelkeeper comes into possession of the property. If it is a simple case of baggage, etc. being left behind in a room, there is no fixed time, but the hotelkeeper must make a reasonable effort to notify the guest and to arrange for the return of the property. What's reasonable will depend quite a bit on the relative value of the things left behind, with a $2,500 digital SLR camera commanding a lot more effort to make a safe return to the guest than a sock or a pair of underpants. See generally Civil Code section 1859 and perhaps the following sections (1860 to 1867).

If, however, items are handed over to an innkeeper (including a hotelkeeper) for storage or safekeeping, rather than just being left behind in a room, different code sections apply. Civil Code section 2081 provides that when "....any goods, merchandise or other property has been received by any.....innkeeper....for transportation or safekeeping.......and is not delivered to the owner, the....... innkeeper......may hold or store the property...... Then, section 2081.1 authorizes the sale by auction of the property after 60 days if unclaimed, and also provides that the innkeeper, etc. shall give prior notice of the sale.

Finally, I'd say the guest should give at least some credence to any notices the hotel has posted regarding its liability for guest property. Such notices may not have the force of law, but a judge is likely to give them some weight in deciding whether a hotel has acted reasonably in carning for guest belongings left behind.

Read more
Answered on 4/12/12, 7:39 pm


Related Questions & Answers

More Business Law questions and answers in California