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I am being terminated from my employment. I live there rent

free. Can they kick me...
I am being terminated from my employment. I live there rent free. Can they kick me out on the streets when they terminate me?
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Answered in 4 minutes by:
7/10/2013
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
Verified

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Your tenancy is a condition of your employment? Your employer is paying for your rent?

I look forward to assisting you as soon as I have received this information. Thank you.

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Customer reply replied 4 years ago
No it isn't a condition of the employment. I'm not paying rent
Who is providing the rental property for you if it is not a condition of your employment?
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Customer reply replied 4 years ago
My employer is. It is in an assisted living care home.
I see. Thank you for clarifying this for me.

Oregon law does not treat such situations as a landlord-tenant relationship and excludes this type of arrangement from the normal process required for eviction as follows:

An employee described in ORS 90.110 (Exclusions from application of this chapter) (7) may only be evicted pursuant to ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) after at least 24 hours written notice of the termination of employment or a notice period set forth in a written employment contract, whichever is longer. This section does not create the relationship of landlord and tenant between a landlord and such employee. [1987 c.611 §3; 1997 c.577 §29; 2001 c.596 §41]

Here is a link to this section of the code:

http://www.oregonlaws.org/ors/91.120

Under Section 105.105 referenced in the statute above, the employer may remove an employee from the premises only if such removal is peaceable and without force. Otherwise, they would typically need to seek a court order so the sheriff can remove the employee.

Therefore, the employer must typically provide at least 24 hours written notice of the termination to employee or a longer period of notice if set out by contract and then may only remove the employee from the premises after the notice period if such removal is peaceable and without force. In other words, if you resist, they must normally obtain a court order before removing you, which could take some time.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina



Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
Verified
Tina and 87 other Employment Law Specialists are ready to help you
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Thanks again and all the best to you.

Tina

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Tina
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Category: Employment Law
Satisfied Customers: 33,167
33,167 Satisfied Customers
Experience: JD, BBA, recognized by ABA for excellence.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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