Employee Tenancy Agreement
Staffing is an issue that too many farmers and ranchers are not paying enough attention to. There are many ways to manage employee housing, but a landlord can quickly lose control and open the door to significant liability if no such agreement is reached. Whether the housing contract is through a license or a rental is your choice, but it must be determined by a written agreement. A housing contract for employees should specify who is allowed to live in the house and who is not. It is recommended that only the employee, spouse and minor children be allowed to live on the property. Any additional person or persons who wish to live in the house must be approved in writing by the owner. A written housing contract helps landlords clearly communicate their expectations regarding apartment occupancy and maintain control over the residential property. Farms and ranches of different sizes often provide their employees with some form of housing in addition to the salary they receive. As a rule, little attention is paid to the legal status of the residential complex. This is unfortunate, because if employee accommodations are not managed properly, it can result in real liability for farmers and equestrian operators.
A good way to protect your business from liability is to have a written housing contract. Some important considerations regarding employee housing contracts are covered here. Rules prohibiting children from playing in dangerous areas such as traffic lanes and pet pens can also be included in a housing contract. It should also be noted that employees cannot bring children to work. A written housing contract can also prevent dilapidated cars on the property, set quiet hours, limit alcohol consumption, and hold employees accountable for visitors. An employee housing contract must contain clear written rules. A question that often arises is whether the employee is allowed to bring animals to the property. Any type of animal is a potential liability, so the agreement should require pet health records and require an employee to obtain written permission from the owner before an animal is brought to the property. The agreement should also prohibit employees from having animals prohibited by law. The employees` housing contract must specify who is allowed to live in the house.
As a rule, only the employer, spouse and minor children are allowed to live in the house. The agreement should also provide for the need to obtain written permission for other persons to occupy the premises. Employee housing contracts create an owner/tenant relationship between the employer and the employee. If you are considering providing housing for employees, you would be well advised to have a housing contract for employees. without it, you will not be able to remember your expectations. Your employees should have a copy of the agreement, as they should know the terms of the agreement and what they can expect from you regarding your responsibilities. Other issues to consider in your employee housing contracts include whether tenant insurance is required and whether farm or ranch liability insurance covers losses associated with a leased or licensed property. Employee housing contracts are legally binding on you and your employees. These agreements must comply with state law regarding landlords and tenants. For example, if you enter into a housing contract with an employee, you must comply with state law regarding termination and other eviction procedures if the employee does not move in a timely manner after termination. The workers` agreement should specify who is responsible for paying for utilities.
The agreement may stipulate that utility bills are issued in the employee`s name. Your employee residency contract should establish the right to regular inspections. Inspections should be carried out at least once a year. After inspecting the property, carry out all necessary repairs. A first decision that needs to be made when it comes to housing employees is whether you want your employees to move into your apartment as tenants or under license. A license means that the employee is there with the owner`s permission and the apartment is directly related to their employment. It is easier to evict an employee if they live in the licensed apartment. However, there is a much greater risk that the home will be treated as part of an employee`s salary, which could increase overtime pay. If the employee is treated like a tenant, it is easier to separate the apartment from an employee`s salary. The disadvantage of renting is that it is not so easy to evict the resident after the end of the employment relationship.
State law sets the minimum legal period that must be set before a residential tenant is evicted. The minimum is usually 30 or 60 days, depending on the type of lease. The employee`s housing contract is a legal and binding document. A written housing contract protects the company from any liability and describes all the important things that the employer and tenant/employee agree. Companies should decide whether they want to require their employees to pay the rent or include housing in the employee`s salary. Another issue to be wary of is paying rent on behalf of an employee. Such a cash payment is likely to be interpreted as a salary, which may increase the tax on wages and overtime wages. In the written agreement, specify who is responsible for paying for utilities. In many cases, you may want to set up utilities on behalf of the employee. Alternatively, the amount the landlord pays for utilities may be limited in the agreement. An employee housing contract may stipulate that your employee must have all ancillary costs in their name; This releases you from any liability if the incidental costs are not paid. Conversely, your agreement may stipulate that you are paying for utilities.
This approach makes sense if the employee`s apartment is not in a completely different structure from that of your principal residence. If you keep utilities on your behalf, you can add a reasonable fee to your employee`s monthly rent – if you`re asking for rent. The decision to charge monthly rent is entirely up to you. Some employers do and some don`t. If you decide to charge rent, you can include a clause stating that you intend to collect the rent through payroll deductions. Your employee housing agreement should set out housing rules. For example, they may include a provision that explicitly prohibits pets, indoor smoking, and the possession of alcohol by minors. You can also set quiet times from a certain evening time to a certain morning time. If you wish to reserve the right to visit the premises, attach a corresponding provision.
Some landlords may choose to charge rent to their employees. One of the benefits of the rent burden is that when an employee takes a workers` compensation leave, it simplifies the employee`s stay at home. If the employee stops paying his rent, he can be evicted. On the other hand, if the rent is not calculated, an employee who is displaced could claim that he or she has been penalized for filing a workers` compensation claim. Employee housing contracts are usually entered into by employers who offer summer or agricultural employment. It is typical for employees of dairy farms and livestock farms to receive housing contracts. These types of jobs often require employees to move away from home because the work is seasonal or it is simply more convenient for employees to live on site due to hours of operation. An employee agreement should contain housing regulations.
Housing rules may include property protection, alcohol and drug use, permission to have pets, and guest responsibility. Andrine Redsteer`s writings on tribal games have been published in “The Guardian” and she continues to write about the economic development of reserves. Redsteer holds a Bachelor of Arts in History from the University of Washington, a Master of Arts in Native American Studies from Montana State University, and a Juris Doctor from Seattle University School of Law. Kaysha Sahai has been writing professionally since 2005. She is a self-published author with experience in reporting, commercial and technical writing. .