US-New YorkWhat is the hotel's liability for a guest's car in the parking lot?
In New York, a hotel is generally not liable for a guest’s car parked in its lot unless it exercised control over the vehicle (e.g., took keys or issued a parking ticket), making it a bailee.
What the Law Says
New York law distinguishes between ordinary parking and bailment. A hotel only becomes legally responsible for a guest’s car if it assumes custody — turning the relationship into a bailment under the Uniform Commercial Code.
Under New York law, simply providing a parking space does not make a hotel liable for theft or damage to a guest’s vehicle. Liability arises only when the hotel exercises sufficient control over the car — for example, by taking the keys, issuing a parking ticket, or assigning a specific spot with attendant supervision.
This principle is grounded in Article 7 of the New York Uniform Commercial Code, which governs bailments of goods (including vehicles). A bailment requires delivery of possession — not just permission to park.
If a bailment is found, the hotel owes a duty of reasonable care. It may also assert a lien on the vehicle for unpaid parking or lodging charges — but must follow strict procedures, including written notice and a 15-day waiting period before sale.
Statutory TextA bailee is liable for loss of or injury to the goods caused by his failure to exercise such degree of care in regard to them as a reasonably prudent man would exercise under like circumstances.
— NY UCC §7-209(1) — Liability of bailee
Statutory TextA bailee who has a right to charge for storage may retain the goods until his charges are paid; but he must give written notice to the bailor at least fifteen days before sale...
— NY UCC §7-210(2) — Lien and sale
What Courts Have Said
New York courts consistently hold that mere provision of parking does not create a bailment — control over the vehicle is essential.
Court ruled no bailment existed where guest parked independently without surrendering keys or receiving a ticket — hotel had no control over the vehicle.
Hotel not liable for stolen car because guest retained keys and parked without supervision; no delivery of possession occurred.
What to Do
Keep your keys and do not surrender them to hotel staff unless you intend to create a bailment.
Ask whether parking is self-service or attended — only attended service with key surrender or ticketing may trigger liability.
Document how you parked (e.g., photo of unattended lot, no ticket issued) if a dispute arises.
If the hotel claims a lien for unpaid parking, demand written notice and confirm they wait at least 15 days before any sale.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.