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ACT NO. 36


Landlord and Tenant; Residential Rental Agreements;

Farm Employee Housing

This act creates an expedited court procedure for a farm employer to evict a former farm employee from farm housing provided as a benefit of employment. Unless otherwise stipulated in a written employment contract, a farm employer may terminate an employee's housing benefit and all rights of the employee and the employee's family or household members to occupy the housing when the employee's employment is terminated.

The former employee has the right to be served with notice of the hearing, plus a copy of the summons and complaint, at least 10 days prior to the hearing. The issue before the court is whether the farm employer is suffering actual hardship because of the unavailability of the farm housing for a replacement employee. The former farm employee may bring a counterclaim to the eviction action, including claims of wrongful termination or habitability of the housing, however these claims shall not delay or prevent the farm employer's recovery of possession of the housing.

Effective Date: September 1, 1999; expires on February 15, 2003