CHARLOTTE, N.C. — A judge ruled in favor of a south Charlotte Days Inn, saying it can remove some of the people staying there.
The fight between the Days Inn on Woodlawn Road and its residents went to court in an effort to evict them last week.
For weeks, the motel has been trying to force out the people who call the motel home. Right now, the state’s emergency order doesn’t allow evictions but the motel’s owners said some of the people staying there have caused thousands of dollars in damage.
[ RELATED: 'It’s very inconvenient’: Residents at local Days Inn say they were given hour to leave ]
The attorney for the motel said they’re thankful for the judge’s order and believes it’s a move in the right direction. The hearing on the preliminary injunction has been continued until June 9. The hotel can remove anyone not explicitly listed as a tenant until the hearing.
The residents, some who have lived at the motel for years, say they have nowhere else to go.
The judge heard arguments from both sides last week in a virtual hearing.
The motel’s attorney filed a lawsuit earlier this month asking for a court order to rule the people living there not be considered “long-term tenants” and to remove the residents. The suit says not doing so will create "immediate and irreparable injury will continue if the court does not grant injunctive relief.”
[ READ: Lawsuit filed to remove tenants from south Charlotte Days Inn ]
But legal aid representing the people who live there said they aren’t leaving while there’s a stay at home order still in place.
Channel 9 has been following this story for weeks. Days Inn residents first told us they were being asked to leave in the middle of the coronavirus pandemic.
The motel manager has been working to get people staying there off the property. First, they shut off the electricity and water. Then, they asked the residents to sign a contract requiring people to stay in their rooms and not allowing outside guests.
The water and electricity have since been restored.
Channel 9 crews were at the Days Inn when people first started packing up.
This browser does not support the video element.
They want a court order to remove the residents after the owner claimed they caused more than $20,000 in damage, including dented doors, broken locks and security cameras.
Police told Channel 9 people broke into the motel office and, according to the general manager, damaged key cards.
Legal Aid lawyers representing nine of the 12 people staying at the motel sent a formal response to the Days Inn lawsuit. They refute the claim that their clients are the ones damaging the property. Legal Aid argued a few people saying at the motel ruined it for everyone else and now, those who aren’t listed in the suit must go.
“Most of us don’t have resources to go nowhere or get somewhere real quick,” resident Carolina Howie.
In a statement, the motel’s lawyer, William Devore, said “the motel staff and security fear for their safety” with increased destructive activity and employees haven’t been there in weeks.
In addition, the manager told Channel 9 off-camera he has collected payments from 65% of his guests for two months and without any income, he will be forced to close his business.
Under the stay-at-home order, Legal Aid advised the residents they can stay since the state halted all evictions until June 1. Action 9 investigated and if a hotel or motel is your primary residence, then you’re no longer a guest -- you’re a tenant.
The state attorney general said if motels illegally evict people, they could be fined $5,000. Many of these residents told Channel 9 they have nowhere else to go.
Response from the Days Inn on Woodlawn:
The power and water utilities at the Property were temporarily shut down on the night of April 20, 2020 at approximately 8 pm and were restored the following day around noon. Earlier that day, on April 20, 2020, nearly all of the hotel staff temporarily resigned due to their fear of the COVID-19 virus, upon learning that a couple of hotel guests had been hospitalized (it is unknown whether they tested positive for COVID as HIPAA laws prevent my client from attaining this information).
During the ensuing confusion, as management attempted to address the situation and accommodate guests, the power and water were shut off by maintenance. Once discovered, the utilities were immediately turned back on.
While the hotel is “closed” to the public, there are some remaining individuals, who are claiming to be tenants and who are represented by Legal Aid. These individuals were behind on paying for their rooms and had been in the hotel for weeks and/or months only. It is our contention that they are not tenants, and are instead guests of the hotel. Despite that fact, the Days Inn is doing everything within its power to accommodate the remaining guests. These guests have been offered refunds, and accommodations elsewhere at the hotel of their choice at my client’s expense up to $250.00, yet the guests have refused and continue to refuse those offers.
In addition, over the course of less than 15 days, there has been more than $20,000 in damage to the hotel by way of vandalism and looting. Photographs attached. The Days Inn is currently working with CMPD and criminal summonses have already been issued to several individuals. My client has implored Legal Aid’s clients to move to an operating hotel. The Days Inn needs time to repair all of the damage and to stop the criminal activity that is actively occurring on its premises. Again, my client is offering for them to go to another hotel, which is operating, in order to keep them safe. The majority of them have refused to leave.
In addition, Legal Aid has demanded that my client make key cards for its clients (it should be noted that one of the items destroyed was the Days Inn’ key card machine). I requested Legal Aid to look at the photographs and surveillance that we provided and determine whether or not Legal Aid was asking us to make key cards for the same people who were vandalizing the property? Legal Aid informed me that they knew who their clients were, but did not know what they looked like. In addition, I requested Legal Aid’s clients to sign a confirmation that they were not involved in the vandalism and destruction of the property. The majority of them did not sign.
We recently learned that a couple of Legal Aid’s clients have, in fact, been issued a criminal summons for the vandalism that is taking place. The Days Inn’s number one concern is to have a hotel that is safe for its guests and its staff, which is why my client continues to offer to relocate these guests to another location while they make repairs and secure the premises.
To date, many have refused this request and wish to remain in the closed hotel. My client’s staff and security fear for their safety and we will be asking the Court to intervene as soon as possible.