Class Action Filed Against Extended Stay Hotels Over Alleged Deprivation of Tenant Rights

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Wexler Wallace LLP files class action on behalf of long-term residents at Extended Stay who were allegedly subject to unlawful lodging agreements.

The law firm of Wexler Wallace LLP recently filed a class action lawsuit against HVM L.L.C. d/b/a Extended Stay Hotels (“Extended Stay”), alleging that Extended Stay seeks to avoid landlord-tenant laws by requiring its long-term residents to enter into a “Long-Term Lodging Agreement” every 29 days and 20 hours. The Plaintiff alleges that, by doing this, Extended Stay Hotels intends to prevent its long-term residents from obtaining tenant rights under California law, which vest after 30 days of continuous occupancy.

The suit also seeks relief on behalf of a proposed class of long-term residents who were allegedly subjected to repeated and unlawful lockouts by Extended Stay after failing to pay rent or re-register under the residential agreement. The complaint 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 Plaintiff has lived at Extended Stay for over 5 years and was reportedly subjected to dozens of lockouts without being offered tenant protections afforded under California law. The case, entitled 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.

According to Ian J. Barlow at Wexler Wallace LLP, “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.”

Extended Stay filed a Motion to Dismiss Plaintiff's First Amended Class Action Complaint on December 20, 2010. The United States District Court denied Extended Stay’s request in full on February 8, 2011.

Wexler Wallace LLP (http://www.wexlerwallace.com) is a national leader in prosecuting class actions and other complex litigation on behalf of individual and business clients in state and federal courts throughout the United States. The firm is based in Chicago, Illinois, and maintains its west coast office in Sacramento, California. Contact: Mark J. Tamblyn or Ian J. Barlow at (916) 492-1100.

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Ian Barlow
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