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Roger
Roger, Attorney
Category: Legal
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I employ a farm hand in South Dakota and provide free housing

Customer Question

I employ a farm hand in South Dakota and provide free housing as part of the deal. The hired hand pays nothing (no rent) for the housing or utilities. I own the house. This is the first time I have made such an arrangement and it has turned out poorly. My concern is that if I fire this guy I won't be able to get him out of my house so I can move a new guy in or he may take a month to move out and wreck the place in retribution. How much time do I have to give him to move out of the house after I fire him? Would it be a good idea to have the sheriff there to help evict him?
Submitted: 1 year ago via Cornell Legal Info Institute.
Category: Legal
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.
Kirk Adams : IF the farm hand is not a tenant - - doesn't pay rent, doesn't have a lease, etc., then you should not have much trouble with this.
Customer:

Does that mean I can just kick him out the same day I fire him?

Kirk Adams : It is most likely that the worker would be considered a houseguest, and is only ermitted to be there with your permission only, and when your permission for him to be there ends, the worker would mean he'd have to leave.
Kirk Adams : If he's a houseguest and not a tenant, then you can remove him any time you please.
Kirk Adams : You only have to go through the eviction process IF the person is a tenant - pays rent to you, etc.
Customer:

Do I have to give him 24 hours or 72 hours (in which case he may destroy some of the house) or can I stand there while he packs his things and tell him to load up his truck and hit the road?

Kirk Adams : If the person refuses to vacate, you could file a civil trespassing claim and ask the court to remove him from the property.
Kirk Adams : If the person is a houseguest, then you can order him to get his things and vacate, and if he refuses, you could file trespassing charges.
Customer:

Thanks, XXXXX XXXXX is it may take a few days to file with any court out in this sparsely populated rural county and in that time I may have other trouble.

Kirk Adams : Also, if he were to destroy or damage the property, you could sue for that damage as well.
Customer:

I do appreciate your help.

Roger, Attorney
Category: Legal
Satisfied Customers: 27225
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Expert:  Roger replied 1 year ago.
Sure! Glad to help.

IF this person isn't paying rent and is considered a houseguest, then you should be able to remove him just as you would a relative or friend who has worn out his/her welcome.

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Roger
Roger
Litigation Attorney
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BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters