Can a hotel limit its liability for stolen property in California?

What the Law Says

California law allows hotels to limit their liability for lost or stolen guest property—but only if they follow strict statutory requirements set out in Civil Code § 1860.

Under California Civil Code § 1860, a hotel (defined as an 'innkeeper') is generally liable for loss or damage to a guest’s property brought onto the premises—unless the hotel posts a clear, conspicuous notice limiting that liability.

The law sets a default maximum liability of $300 per guest, unless the hotel provides written notice meeting all statutory conditions. That notice must be posted in English (and no other language is required), at least 24 hours before the guest checks in, and in two specific places: (1) at the front desk or registration area, and (2) in each guest room where the guest can reasonably see it before unpacking.

Importantly, the notice must state the exact statutory limitation: 'The proprietor of this hotel is not liable for articles lost or stolen unless they are deposited with the manager or clerk in charge of the office.' Any deviation from this wording—or failure to meet the posting requirements—voids the limitation, and full common-law liability may apply.

Statutory Text

The proprietor of this hotel is not liable for articles lost or stolen unless they are deposited with the manager or clerk in charge of the office.

— Civil Code § 1860 — Limitation of liability

Statutory Text

The notice shall be printed in plain type, not less than ten-point size, and shall be posted in the office or lobby of the hotel and in each guest room.

— Civil Code § 1860 — Notice requirements

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