Is a hotel liable if my belongings are stolen from my room?

What the Law Says

California law places specific responsibilities on hotels regarding guests’ personal property, balancing guest responsibility with the hotel’s duty of ordinary care.

Under California Civil Code § 1863, a hotel (or 'innkeeper') is liable for loss or injury to a guest’s property caused by the hotel’s negligence — but only up to $500 if the hotel provided a safe or vault for valuables and the guest failed to use it.

The law distinguishes between ordinary negligence (e.g., broken locks, unsecured entrances, staff misconduct) and strict liability: hotels are not automatically liable for theft — they must have breached their duty of 'ordinary care' under the circumstances.

If the hotel did *not* provide a safe, or if the guest *did* use the safe properly and the property was still stolen due to hotel negligence (e.g., unauthorized staff access), the $500 cap does not apply — full liability may follow.

Statutory Text

An innkeeper is liable for loss of or injury to property brought into the inn by a guest, unless the loss or injury was caused by an act of God, public enemy, or the fault or negligence of the guest.

— Civil Code § 1863 — Liability of innkeeper

Statutory Text

If the innkeeper provides a safe or vault for the deposit of valuables, the liability of the innkeeper for loss of or injury to such valuables shall not exceed five hundred dollars ($500), unless the guest has given notice in writing to the innkeeper of the nature and value of the property and has deposited the property in the safe or vault.

— Civil Code § 1863 — Liability of innkeeper

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