C.R.S. Section 8-4-123
Termination of occupancy pursuant to contract of employment

  • legislative declaration

(1)

The general assembly hereby finds, determines, and declares that many businesses, such as nursing homes or building management companies, either desire or are required by law to have staff on premises at all times. As part of the compensation for such employees, many employers offer housing to employees. However, once that employment relationship ceases, it may become undesirable for such employees to occupy the premises for many reasons, including the safety of the employer’s patients, clients, customers, or tenants. Under traditional landlord and tenant law, such employees may have established the technical or legal right to occupy the premises for a fixed term that continues far beyond the cessation of the employment relationship. However, in employment situations, such occupancy is not a tenancy, but a license to occupy the premises pursuant to an employment relationship. The occupancy of the premises by the employee is not entered into by the employer for the purpose of providing housing, but merely as a means to provide services to the employer’s patients, clients, customers, or tenants. In certain cases, it may be necessary to curtail the occupancy of former employees in order to protect the rights or safety of an employer’s tenants or patients.

(2)

Intentionally left blank —Ed.

(a)

Pursuant to a written agreement meeting the requirements of paragraph (b) of this subsection (2), a license to occupy the premises entered into as part of an employee’s compensation may be terminated at any time after the employment relationship ceases between an employer and employee. A termination of a license to occupy the premises shall be effective three days after the service of written notice of termination of a license to occupy the premises.

(b)

An agreement made pursuant to this section shall be in writing and shall include the following:

(I)

The names of the employer and employee;

(II)

A statement that the license to occupy the premises 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;

(III)

The address of the premises; and

(IV)

The signature of both the employer and the employee.

(c)

The notice of termination of a license to occupy the premises shall describe the premises and shall set forth the time when the license to occupy the premises will terminate. The notice shall be signed by the employer or the employer’s agent or attorney.

(3)

If an employee fails to vacate the premises within three days after the receipt of the notice of termination of the license to occupy the premises, the employer may contact the county sheriff to have the employee removed from the premises. The county sheriff shall remove the employee and any personal property of the employee from the premises upon the showing to the county sheriff of the notice of termination of the license to occupy the premises and agreement pursuant to which the license to occupy the premises was granted.

Source: Section 8-4-123 — Termination of occupancy pursuant to contract of employment - legislative declaration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-08.­pdf (accessed Oct. 20, 2023).

8‑4‑101
Definitions 8‑4‑102
Proper payment - record of wages 8‑4‑103
Payment of wages - insufficient funds - pay statement - record retention - gratuity notification - penalties 8‑4‑104
Funds available to pay wages - mining industry 8‑4‑105
Payroll deductions permitted - notice required 8‑4‑105.5
Automatic enrollment in retirement plans - relief from liability - conditions - definitions 8‑4‑106
Early payment of wages permitted 8‑4‑107
Post notice of paydays 8‑4‑108
Payment in the event of strike 8‑4‑109
Termination of employment - payments required - civil penalties - payments to surviving spouse or heir 8‑4‑110
Disputes - fees 8‑4‑111
Enforcement - duty of director - duties of district or city attorneys - rules 8‑4‑111.5
Hearing officer review and appeals of administrative actions 8‑4‑112
Enforcement of director subpoenas 8‑4‑113
Fines pursuant to enforcement - wage theft enforcement fund - created - administrative lien and levy of employer assets - wage claim payments from the fund - definition - rules 8‑4‑114
Criminal penalties 8‑4‑115
Certificate of registration required 8‑4‑116
Issuance of certificate of registration 8‑4‑117
Additional obligations 8‑4‑118
Authority to obtain information 8‑4‑119
Penalty provisions 8‑4‑120
Discrimination and retaliation prohibited - employee protections - criminal penalties - civil remedies 8‑4‑121
Nonwaiver of employee rights 8‑4‑122
Limitation of actions 8‑4‑123
Termination of occupancy pursuant to contract of employment - legislative declaration 8‑4‑124
Third-party food delivery services - prohibitions - penalties - definitions 8‑4‑125
Supplemental health-care staffing agencies - annual certification - contract restrictions - penalty - civil action - reporting - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 8-4-123’s source at colorado​.gov