Can A Hotel Charge My Credit Card For Damages I Didn’t Cause?

This page was originally published in early 2022 and still contains relevant reader quotes from that time. The rest of the article has since been updated.

Staying at a hotel or resort can be one of the most relaxing, luxurious experiences — that is, unless you’re charged some surprise fees you weren’t prepared for. A trip that was supposed to be a source of enjoyment can become a source of frustration pretty quickly when you’re faced with unexpected hotel charges.

For instance, reader Jeff has run into an issue. He writes, “A local casino hotel comped me a room and I had to use a credit card for a $250 security deposit. Later I looked at my credit card statement and they charged me $750 on my card. They said I smoked in the room, which I did not. Is it legal for them to charge more than the security deposit? Is this a typical scam in the hotel industry?”

Jeff’s frustration is warranted. Let’s break down if a hotel can charge you after you’ve checked out.

Can a hotel really force you to pay for damages you didn’t cause?

If you have a card on file with a hotel, it should only charge you for damage that occurred during your stay. To assess any potential damage, the hotel has to inspect your room following your stay. If any damage was found during the inspection, they’ll typically charge the previous occupant to cover the costs, such as cleaning costs or damage caused by your pet, among other things.

If you didn’t actually cause the damage the hotel claims, however, then you’ll have to dispute the charge.

What to do when a hotel charges you for damages you didn’t cause

To dispute this charge, you should take the following steps:

1. Contact the hotel. Your first course of action, as in any situation involving a credit card charge you are not on board with, should be to follow up with the hotel manager to present your case and ask for a refund of the charges.
2. Escalate your issue. If someone lower down is not able to resolve your issue, you should escalate the issue until you reach someone who has the authority to resolve your issue. This might not be easy — you might have to call or email more than once to finally talk to someone with more authority.
3. Consider reaching out to corporate. If your hotel is part of a corporate chain or franchise, you could have more luck contacting the hotel parent company directly.
4. Contact your credit card issuer. If the hotel insists that you pay for the damages, you should file a dispute with your credit card issuer. The Fair Credit Billing Act covers situations where there was a billing error, which would cover this sort of situation. Call your credit card issuer and explain the situation so that you can begin initiating a chargeback. Many issuers allow you to continue this process online and send them your documents securely.
5. Follow up in writing. It’s also a good idea to follow up with a written letter, especially if you’re disputing a large sum of money. To do this, you’ll have to write to the card issuer at its address for “billing inquiries” within 60 days of when you first received the statement with the “billing error.” Make a statement of your case and send any supporting documents by certified mail.
6. File a complaint. You could also file a complaint about this matter with your state attorney general or with the Consumer Financial Protection Bureau.

How to save yourself from surprise hotel charges

If you want to ward off surprise hotel charges, you can start with these tips:

• Pay with a credit card. Using a debit card will make it harder for you to file a dispute if you’re wrongfully charged. A good credit card will provide you with better consumer protections — and if you have a travel credit card with hotel elite status, you might have an easier time dealing with customer service.
• Be clear about the type of room you’re booking. Are you in a smoking or non-smoking room? What amenities should you be looking out for? Knowing all the details beforehand, as well as the hotel’s checkout policy, can help you stay on top of potential issues.
• Inspect your room once you get inside. One good practice is to inspect your room at the time of check-in to make sure previous guests have not caused any issues. Look for any stains, bed bugs or broken furniture, for instance.
• Take pictures of any damage you find. If you do find anything, take pictures and make a note with the hotel staff to clear yourself in advance.
• Take pictures before you check out. Before you check out, you should also take pictures of the room, especially anything that could be expensive to replace, like the TV.

The hotel will hold you responsible for any damages to property, stains and even smells caught immediately after your stay — which is why you shouldn’t light up a cigarette in a non-smoking room. If the hotel staff can smell the cigarette smoke, they could hold you responsible for it. Even if you are in a room that allows smoking, the hotel could charge you for cigarette burns on bed linens, carpets or furniture.

The bottom line

If you want to avoid being charged for damages to your hotel rooms, especially damages you didn’t cause, you’ll want to first and foremost make sure you’re using a credit card — particularly one of the best travel credit cards, if possible — to book the room instead of a debit card. It’s also a good idea to perform a basic inspection of your room after you check in and right before you check out. You should then note any discrepancies to the hotel staff.

If the hotel charges you for damages you didn’t cause, like in Jeff’s case, try to resolve the matter with management. If that doesn’t work, you should file a dispute with your card issuer to get a chargeback. You could even file a complaint with your state attorney general or the Consumer Financial Protection Bureau.