The term “self-help” reflexively sends shivers down the spines of practitioners and judges alike. Engrained in our collective legal-psyches is the sense that every consequential act performed by our clients while in the throes of litigation requires the imprimatur of the court. Perhaps it is time for another perspective. Rights of self-help regularly make appearances in various contexts including commonly in commercial leases and have become a regular adjunct to a hotel owner’s right to remove an unwanted hotel management company even with years remaining on the parties’ management agreement.1
The concept is not novel: A hotel owner whose business is suffering is entitled to chart her own course irrespective of any contract claims she might face or assert against the manager. Just as with the removal of an unwanted employee or contractor, the right and the ability to remove quickly an unwanted manager is of critical importance to hotel owners in order to gain control over their own business, to ensure that loyalty to the owner prevails, and to provide a smooth and peaceful transition of the hotel operation with the least possible disruption to the business.
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