If an employer provides housing but the employee quits without notice, how long can they remain in

the housing?

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If an employer provides housing but the employee quits without notice, how long can they remain in

the housing?

Asked on March 4, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They are supposed to move out within three days. The problem is, if they don't move out when required, the only way to remove them is by filing an eviction action in court--you cannot lock out on your own, but rather a court officer or sheriff's deputy (who does this varies by state) must do the lock-out after getting a court order (typically called a writ or warrant) to do so, and that order is only issued after you bring a legal action and win.
Eviction actions are handled on an expedited basis--typically within a few weeks, not several months--but you still need to go through this process, so you will not be able to get your new employee in immediately.
Making a procedural or paperwork error in a landlord-tenant action results in it being dismissed "without prejudice"; you can re-file it, but the timeline has been pushed back. You are advised to retain a landlord-tenant attorney to help you, to make sure this is done correctly the first time.


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