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§ 8.01-42.2.Liability of guest for hotel damage.

Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 1989 · Last verified July 16, 2026

In one sentenceMakes a registered hotel or motel guest civilly liable to the innkeeper for damage to the room or furnishings during the stay, whether the damage stems from the guest’s own negligence, the negligence of someone the guest is responsible for, or the guest’s failure to follow rules the innkeeper gave notice of.

Full Text of § 8.01-42.2

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Any registered guest in a hotel, motel, inn or other place offering to the public transitory lodging or sleeping accommodations for compensation shall be civilly liable to the innkeeper for all property damage to such accommodation or its furnishings which occurs during the period of such person's occupancy when such damage results (i) from the negligence of the guest or of any person for whom he is legally responsible or (ii) from the failure of the guest to comply with reasonable rules and regulations of which he is given actual notice by the innkeeper.

Plain-English Summary

A registered guest in a hotel, motel, inn, or other place offering transitory lodging or sleeping accommodations for compensation is civilly liable to the innkeeper for property damage to the accommodation or its furnishings that occurs during the guest’s occupancy, when the damage results from the negligence of the guest or of someone the guest is legally responsible for, or from the guest’s failure to comply with reasonable rules and regulations the innkeeper gave the guest notice of.

The notice requirement matters: a guest cannot be held liable for violating a rule the innkeeper never communicated. Read alongside the chapter’s other property-liability provisions, this section supplies the innkeeper’s own direct recovery right against the guest responsible for the damage.

Frequently Asked Questions

When is a hotel guest liable for damage to the room?

When the damage occurs during the guest’s occupancy and results from the guest’s own negligence, the negligence of someone the guest is legally responsible for, or the guest’s failure to comply with reasonable rules the innkeeper gave the guest actual notice of.

Does the hotel have to give me notice of its rules before I can be held liable for violating them?

Yes. Liability for a rule violation applies only where the guest was given actual notice of the rule by the innkeeper.

Am I liable if my child or a guest I brought damages the room?

The section reaches damage caused by the negligence of any person the registered guest is legally responsible for, in addition to the guest’s own negligence.

Who can bring a claim under this section?

The innkeeper, against the registered guest responsible for the property damage.

Does this section cover damage caused by something outside the guest’s control, like a plumbing failure?

No. Liability requires that the damage result from the guest’s negligence, the negligence of someone the guest answers for, or the guest’s failure to follow noticed rules — not from causes unrelated to the guest’s own conduct.

Amendment History

1989, c. 426.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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