Evicting Employees

When housing is provided in exchange for employment the typical landlord-tenant statutes may not apply.

The Residential Landlord-Tenant Act exempts from it provisions living arrangements “by an employee of a landlord whose right to occupy is conditioned upon employment in or about the premises.” [1]

Case law holds that in an employment situation the employer/landlord may have to bring an ejectment action, rather than the unlawful detainer action most often utilized to evict a tenant. [2]  An ejectment action typically takes longer and may cost more than the summary unlawful detainer action.

These rules may not apply if the tenant is required to pay rent, even if the tenant is employed by the landlord.

If you have questions about a landlord-tenant situation that involves employment it is best to consult with an attorney.

 

[1] RCW 59.18.040(8).  Seasonal agricultural workers are also exempted. Id.,(6).

[2] Najewitz v. Seattle, 21 Wn.2d 656, 152 P.2d 722(Wash. 1944); Turner v. White, 20 Wn.App. 290, 579 P.2d 410 (1978).