Residential Employee Eviction Process
When you provide an employee housing as part of his employment, you handle the eviction process differently than if he is a regular tenant of your apartments. When this situation occurs, the information on the employment contract and the way that your state's landlord tenant law looks at the situation can greatly affect whether you can easily remove the employee from your property if he is causing issues or if you need to terminate the employee for work-related reasons.
Tenant and Employee Agreement
Some employers use two forms to handle an employee who also lives in a property owned by the employer or the business. The first form is a typical lease agreement, identical to what any tenant would receive. The second form is the employee agreement, which specifies how much rent the employee pays as part of the incentive program, along with important information on the amount of time that the employee may stay in housing following termination.
Employee Clauses
The employee residential clauses may take a few forms, from completely terminating the tenancy after the the employee is terminated to just asking for full market rent should his employment no longer be available. If the employee needs to vacate the home following termination, the exact notice period to quit should be provided in this clause. The residential employee clause generally overrides any landlord-tenant laws for the state, since most states do not specifically have regulations in place for a employer-employee relationship in a residential rental.
Termination
After you have terminated the employment of your employee, wait for the amount of time specified for the employee to either leave the house or pay the full market rent. If the employee does not leave during the specified notice time, file for an eviction in the appropriate court for your location. Eviction laws vary from state to state, but generally you are filing the eviction action in a civil court.
Eviction
The employee receives the notice of eviction filing once you have the process server from the court give him the summons. The court date is set and you'll need to bring all documentation regarding the nature of the tenant arrangement, including the employee agreement. If the employee shows up at the hearing, you can explain exactly what the agreement was and that the employee did not leave when legally required to by the contract. If he does not show up, you receive a default judgment against the tenant.
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