TITLE XXXI
TRADE AND COMMERCE

Chapter 353
HOTELS, TOURIST CABINS, ETC.

Generally

Section 353:1

    353:1 Liability for Losses. – No hotel keeper, innkeeper, operator of overnight cabins, motor courts, or similar establishments (hereinafter referred to as hotel keeper), shall be liable to a guest for the loss of wearing apparel or baggage belonging to such guest where it shall appear that such loss takes place from the room or rooms assigned to such guest and provided such hotel keeper proves affirmatively that such loss was not caused or contributed to by his negligence or fault, or was caused solely by the negligence of such guest; and, in no case shall recovery for such loss exceed the sum of $300. A hotel keeper shall provide a suitable safe in his hotel for the safekeeping of money, jewelry, precious stones, watches, negotiable securities and other valuables belonging to the guests of such hotel; and, if such hotel keeper gives notice thereof by posting in the rooms of such guests and in the office of the hotel, in a conspicuous manner, a notice containing a copy of this section and stating therein the fact that such safe is provided in which such property may be deposited, such hotel keeper shall not be liable to any guest for the loss by theft, or otherwise, of any such property not delivered, or offered to be delivered, to the person in charge of the office of such hotel for deposit in such safe, provided such hotel keeper proves affirmatively that such loss was not caused or contributed to by his negligence or fault, or was caused solely by the negligence of such guest, and such hotel keeper shall not be liable to any guest for any sum in excess of $1,000 on account of the loss by theft, or otherwise, of any such property received for deposit, except by special contract in writing stating the kind and value of the property received and the kind and extent of the liability of the hotel keeper. Nor shall such hotel keeper be liable in any sum for the loss of other property, including wearing apparel and personal baggage, belonging to any guest and not within the room or rooms assigned to him, unless the same is specially entrusted to the care and custody of such hotel keeper or agents or servants.

Source. 1885, 97:1. PS 129:1. PL 171:1. RL 208:1. 1947, 282:1, eff. July 1, 1947.

Section 353:2

    353:2 Fire Losses. – No hotel keeper shall be liable for losses of goods or property sustained by his employees or guests, caused by a fire, unless such fire shall be caused by his negligence.

Source. 1919, 42:1. PL 171:2. RL 208:2.

Section 353:2-a

    353:2-a Child Care Referrals. – No hotelkeeper or innkeeper shall be liable for losses of goods or property or other damages sustained by a guest or other visitor based solely upon the furnishing by the hotelkeeper or innkeeper of a name or names of persons available to provide child care services for such guest or other visitor, provided the hotelkeeper or innkeeper has no knowledge of any adverse information relating to the person or persons providing the child care services, the hotelkeeper or innkeeper receives no compensation for furnishing the information or the services provided, and the hotelkeeper or innkeeper has given written notice to the guest or visitor that the child care service providers have not been evaluated by the hotelkeeper or innkeeper. No such liability shall arise from furnishing the name of an employee of the hotelkeeper or innkeeper, provided the hotelkeeper or innkeeper does not recommend or compensate any such employee for the provision of such child care services and the employee is not acting within the scope of employment for the hotelkeeper or innkeeper when providing such child care services.

Source. 2003, 162:1, eff. Jan. 1, 2004.

Section 353:3

    353:3 Register, Open to Inspection. – All hotel keepers and all persons keeping public lodging houses, tourist camps, or cabins shall keep a record of the legal name of the registered guest. Such record shall at all times be open to the inspection of the sheriff or the sheriff's deputies and to any police officer. The term "public lodging house" as here used shall mean a lodging house where more than 2 rooms are habitually let for less than a week at a time for the accommodation of transients. Whoever violates any provision of this section shall be guilty of a misdemeanor.

Source. 1927, 68:1. 1933, 107:1. RL 208:7. 1945, 133:1. RSA 353:3. 1973, 528:246, eff. Oct. 31, 1973 at 11:59 p.m. 2023, 174:1, eff. Sept. 26, 2023.

Section 353:3-a

    353:3-a Posting of Rental Rates. – All hotel keepers and all persons keeping public lodging houses, tourist camps or cabins shall post in each guest room and at the registration desk a notice listing the minimum and maximum room rental fees on a daily or weekly basis or both if applicable. The notice shall specify the dates when the maximum rates are in effect.

Source. 1979, 314:1, eff. Aug. 21, 1979.

Section 353:3-b

    353:3-b Registered Departure Date. – All hotel keepers and all persons keeping public lodging houses, tourist camps, or cabins shall, upon the registration of each guest, cause an entry to be made in the book or card system required by RSA 353:3 which shall record the guest's agreed upon departure time and date. No guest shall, without the consent of the hotel keeper or such person keeping a public lodging house, tourist camp, or cabin remain in a rental unit beyond the departure time and date so recorded at registration.

Source. 1981, 433:1, eff. Aug. 22, 1981.

Section 353:3-bb

    353:3-bb Refusal or Denial of Accommodations. –
I. A hotel keeper, including any person keeping public lodging houses, tourist camps, or cabins, may refuse or deny any accommodations, facilities, or privileges of a hotel, lodging house, or campground to:
(a) Any person who is unwilling or unable to pay for accommodations and services of the hotel, lodging house, or campground. The hotel keeper may require the prospective guest to demonstrate the ability to pay by cash, valid credit card, or a validated check.
(b) Any person under the age of 18 who does not present a signed notification from a parent or legal guardian that the parent or legal guardian accepts liability of the guest room or campground site costs, taxes, all charges by the guest, and any damages to the hotel, lodging house, campground, guest room, or its furnishings or to the campground site caused by the minor guest while at the hotel, lodging house, or campground to the extent that such costs, taxes, damages, or charges exceed the amount of cash or credit card deposit already provided by the guest.
(c) Any person or persons, if admitting that person or those persons would cause the limit on the number of persons who may occupy any particular guest room in the hotel or lodging house or a site in the campground to be exceeded. For purposes of this subparagraph, the limit represents the number permitted by local ordinances or reasonable standards of the hotel, lodging house, or campground relating to health, safety, or sanitation.
II. Nothing in this section authorizes any hotel keeper to violate the state law against discrimination, RSA 354-A.

Source. 2002, 151:1, eff. May 15, 2002.

Section 353:3-c

    353:3-c Ejection of Guests. –
I. All hotel keepers and all persons keeping public lodging houses or cabins may remove or cause to be removed from such establishment any guest remaining in a rental unit in violation of RSA 353:3-b or RSA 353:3-bb by notifying such guest that the establishment no longer desires to entertain him or her and requesting that the guest immediately leave. Any guest who remains or attempts to remain in a rental unit after being so requested to leave shall be guilty of a violation. For the purpose of this section, the term "rental unit" shall include residential property rented for one month or less.
II. All hotel keepers and persons keeping public lodging houses, cabins, or any rental unit may immediately remove or cause to be immediately removed by any law enforcement officer of this state, any guest who willfully denies other guests their right to quiet enjoyment of their tenancies, including but not limited to any guest who:
(a) Disturbs, threatens, or endangers other guests;
(b) Is less than 21 years of age and possesses alcohol;
(c) Possesses illegal drugs;
(d) Violates any rule of the hotel, lodging house, or campground that is posted in a conspicuous place and manner at the guest registration desk and in each guest room; or
(e) Violates any local or state law.
II-a. The right to remove, or cause to be removed, shall arise after the hotel keeper or person keeping a public lodging house, or cabin, or their agents makes a reasonable attempt to verbally warn said guest to cease and desist said breach of quiet enjoyment or violation of local or state law. Upon such immediate eviction, the guest shall be refunded the unused portion of his or her pre-paid rental fee less damage charges for his or her actions. For the purpose of this section, the term "rental unit" shall include residential property rented for one month or less.
III. Any law enforcement officer of this state, upon request of a hotel keeper, or person keeping a public lodging house, or cabin, shall place under arrest and take into custody any guest who violates this section in the presence of the officer. Upon arrest, the guest shall be deemed to have abandoned his right of occupancy of the rental unit and the operator of the establishment may then make such unit available to other guests. The operator of said establishment shall employ all reasonable means to protect any personal property left on the premises by such guest.

Source. 1981, 433:1. 1986, 188:1. 1989, 343:2. 2002, 151:2, eff. May 15, 2002.

Motels and Motor Courts

Section 353:4

    353:4 Definition of Terms. –
Terms used in this subdivision shall be construed as follows, unless a different meaning is clearly apparent from the language or context or is otherwise inconsistent with the manifest intention of the legislature:
I. "Motels" are only those public lodging buildings, including cabins and motor courts, where entrance is gained thereto directly from the outdoors to guest rooms.
II. "Room rates" are the prices charged for the rental of motel accommodations.
III. "Operator" is the owner or manager of a motel, whether a person or a corporation.
IV. "Outside sign" is any sign located where same is visible to the general public.

Source. 1959, 67:1, eff. June 22, 1959.

Section 353:5

    353:5 Signs. – No motel operator shall place or cause to be placed any outside sign bearing room rates thereon unless both the minimum and maximum rates for such rental appear in such uniform size as to be readily discernible by the traveling public.

Source. 1959, 67:1, eff. June 22, 1959.

Section 353:6

    353:6 Penalty. – Any person who knowingly violates the provisions of RSA 353:5 shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.

Source. 1959, 67:1. 1973, 530:52, eff. Oct. 31, 1973 at 11:59 p.m.

Defrauding an Innkeeper

Section 353:7

    353:7 Definitions. –
As used in the subdivision:
I. "Service" shall include, but not be limited to, labor, professional service, public utility service, transportation, accommodations, food, liquor, entertainment, property or equipment, rendered or furnished by, in, or through an inn or hotel.
II. "Credit card" shall mean any instrument, whether known as a credit card, credit plate, charge plate, or by any other name, which purports to evidence an undertaking to pay for service rendered or furnished to or upon the order of a designated person or bearer.
III. "Inn or hotel" shall include all types of establishments offering accommodations for rent either by the day, week or month, or any portion thereof, including but not limited to hotels, motels, apartment houses, rooming house, inns, boardinghouses, trailer parks, restaurants or camping areas.
IV. "Owner" shall include the owner, manager, keeper, or any other person responsible for the management of an inn or hotel.

Source. 1969, 295:1. RSA 580:9-a. 1973, 532:21, eff. Nov. 1, 1973.

Section 353:8

    353:8 Prohibition. –
It shall be unlawful for anyone to obtain, or attempt to obtain, service from, in or through any inn or hotel:
I. With intent to defraud the owner thereof on a credit basis by the use of a credit card which has been stolen, forged, revoked, canceled, unauthorized or in any way invalidated for the purpose of obtaining such credit, or on any other basis; or
II. With intent to avoid payment therefor by unjustifiable failure or refusal to pay, by stealth, or by any misrepresentation of fact which he knows to be false.

Source. 1969, 295:1. RSA 580:9-b. 1973, 532:21, eff. Nov. 1, 1973.

Section 353:9

    353:9 Penalty. – Any person who shall obtain service from, in, or through an inn or hotel, with intent to defraud the owner of the inn or hotel, or with intent to avoid payment thereof, shall be guilty of a misdemeanor.

Source. 1969, 295:1. RSA 580:9-c. 1973, 532:21, eff. Nov. 1, 1973.

Section 353:10

    353:10 Evidence. –
In prosecutions brought under this subdivision, it shall be prima facie evidence of intent to defraud or of intent to avoid paying an owner of an inn or hotel if service was obtained from, in, or through an inn or hotel, by:
I. A false of fictitious show or pretense of any baggage or other property; or
II. The use of a false or fictitious name; or
III. The use of any credit card, the privilege to use which has been revoked, canceled, unauthorized, or in any way invalidated by the issue thereof; or
IV. Absconding without paying or offering to pay for the service prior to leaving such establishment unless a written agreement for credit has been executed; or
V. Surreptitiously removing or attempting to remove baggage or other property without having made payment; or
VI. Failing to make payment for any service after the owner, upon probable cause believing that the person has obtained service from, in, or through the inn or hotel with such intent to defraud or avoid payment, demands payment for such service.

Source. 1969, 295:1. RSA 580:9-d. 1973, 532:21, eff. Nov. 1, 1973.