Legal Question in Employment Law in California

If an employee quits his job and received free housing with his job, does the employer have the right to ask him to leave his housing the day he quits?


Asked on 12/26/11, 6:30 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

It depends what the employee's job was. For instance, if the employee was resident manager, and the apartment is for the resident manager, the employee can be asked to leave. If the employee had a pre-existing rental agreement with the owner and subsequently took on duties as an employee, then the employee might still have rights, although the employee might have to start paying for the apartment again. Also, if the employee's unit was not essential for the job but merely some type of compensation, a notice to quit might have to be served on the employee and an unlawful detainer commenced.

There's case law that states that most live-in janitors, resident managers, and caretakers need not even be served with a notice to quit. In some instances, though, local rent control/stabilization ordinances restrict an employer's right to evict a resident manager.

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Answered on 12/27/11, 6:08 pm


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