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Employee housing eviction. Employment terminated, how much…

employee housing eviction. Employment...
employee housing eviction. Employment terminated , how much time needs to be given to vacate company furnished housing to terminated employee, when housing is a condition of continued employment.
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Answered in 1 minute by:
1/22/2018
Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 1,819
Experience: Attorney with over 25 years experience
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Hello. Let me see if I can assist you. What state are you are?

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Customer reply replied 5 months ago
Colorado

Generally, the normal rules of eviction do not apply and the landlord can go immediately to court to evict the employee upon the termination of the employment.

In Colorado - the Employee Occupancy Law, C.R.S. § 8-4-123, provides a mechanism for employers to remove an employee from the premises without wasting time

obtaining a court order authorizing the removal.

Are you familiar with this statute?

Lori
Lori, Attorney
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Joycelaw
Joycelaw, Attorney
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Customer reply replied 5 months ago
no I am not. Can we hold final check until premises are vacated as damage insurance?

Did your employee sign a license for housing as part of his employment agreement?

The written license to occupy the premises, entered into as part of an employee’s

compensation, may be terminated at any time after the employment relationship ceases. Once terminated, the employee has three days after receipt of the notice of termination to vacate the premises. You need to immediately send a Notice of Termination to Vacate the Premises.

Hope that helps.

Please be sure to accept my responses and post a positive rating.

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No, you cannot hold his final Pay check - as that would violate employment laws. I am assuming you did not obtain a security deposit for the housing.

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If he fails to vacate - you don't have to go to court!

If the employee fails to vacate the premises within three days after receipt of the notice, the sheriff is authorized to remove the employee from the premises upon being shown the notice of termination of the license to occupy the premises and the written employment agreement.

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Customer reply replied 5 months ago
No there was no written rental agreement or lease with the employees. . We lease the apartment in the name of the business and the employees reside there as a condition of employment.
Customer reply replied 5 months ago
Moving forward we will be sure to have a written agreement with other employee residents and a damage/security deposit.

And a written license to use the premises so it cannot be construed as a lease.

Good luck!

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