EXHIBIT 5 AND 23(A) Attorneys at Law Suite 2800 1100 Peachtree Street KILPATRICK STOCKTON LLP Atlanta, Georgia 30309-4530 Telephone: 404.815.6500 Facsimile: 404.815.6555 September 25, 1998 E-mail: jsteinberg@kilstock.com Direct Dial: 404.815.6283 Suburban Lodges of America, Inc. 1000 Parkwood Circle Suite 850 Atlanta, Georgia 30339 Re: Form S-8 Registration Statement - - Suburban Lodges of America, Inc. Employee Stock Option Plan, Amended as of March 1, 1998 Gentlemen: We have acted as counsel for Suburban Lodges of America, Inc., a Georgia corporation (the "Company"), in the preparation of the Form S-8 Registration Statement relating to the Company's Employee Stock Option Plan (the "Plan") and the proposed offer and sale of an additional 200,000 shares of the Company's common stock, par value $.01 per share (the "Common Stock"), pursuant thereto. In connection with the preparation of said Registration Statement, we have examined certificates of public officials and originals or copies of such corporate records, documents and other instruments relating to the authorization of the Plan and the authorization and issuance of the shares of Common Stock as we have deemed relevant under the circumstances. On the basis of the foregoing, it is our opinion that: The Company was duly organized and incorporated and is validly existing under the laws of the State of Georgia, with an authorized capitalization consisting of 100,000,000 shares of Common Stock, par value $.01 per share, and 5,000,000 shares of Preferred Stock, par value $1.00 per share. The Plan and the proposed offer and sale thereunder of an additional 200,000 shares of Common Stock have been duly authorized by the Board of Directors of the Company, and the shares, when issued in accordance with the terms and conditions of the Plan, will be validly issued, fully paid and nonassessable. We hereby consent to the filing of this opinion as an exhibit to said Registration Statement. Sincerely, KILPATRICK STOCKTON LLP By: /s/ James D. Steinberg James D. Steinberg, a partner