If you rent from your employer or work for your landlord, there are special eviction laws for you. It’s important to be aware of the “Employee Occupancy Law.” Popular situations in which this dual relationship might occur include ski area employees living on property owned by the ski area, maintenance professionals living on the premises, and motel managers living on-site. The Employee Occupancy Law provides that, in certain situations, a “landlord” who is also an employer need not follow normal eviction procedures to dispossess a terminated employee who has been occupying the premises of an employer as a condition of employment. Rather, the employer may avail itself of a summary process, in which the employee receives at least three days’ written notice to vacate; and if the employee refuses, then the county sheriff can remove the tenant without delay. This is a much more condensed version of the standard eviction process.
Certain requirements and procedures are set forth in the Employee Occupancy Law.
1. The employer/landlord and employee/tenant must have signed a written agreement which provides:
a. The names of the employer and employee;
b. A statement that the employer is granting the employee a license to occupy certain premises and that this license is provided to the employee as part of the employee’s compensation and is subject to termination at any time after the employment relationship ceases;
c. The address of the premises; and
d. The signature of the employer and employee.
2. If the employee is terminated and the employer desires to terminate the employee’s occupancy, the employer must provide a “Notice of Termination” to the employee.
3. If the employee fails to vacate the premises within the allotted time after the receipt of the Notice of Termination, the employer may then contact the county sheriff, who is authorized to remove the employee and any personal property of the employee.
For a list of requirements for the Notice of Termination or more information regarding the Employee Occupancy Law, check out the “Landlord & Tenant Guide to Colorado Leases and Eviction”, by Victor M. Grimm, Esq. and Denise E. Boehler, Certified Paralegal.