This section is from the book "Practical Real Estate Methods For Broker, Operator & Owner", by Thirty Experts. Also available from Amazon: Practical Real Estate Methods for Broker, Operator, Owner.
Where a tenant enters into the possession or occupation of property in connection with his employment, the occupation is usually that of a servant, and not tenant. The word "servant" is here used, not in the ordinary acceptance of the term, as referring to a menial, but in connection with its meaning in law as a person who is employed. Cases of employment are usually discussed in legal text-books under the head of "Master and Servant." Illustrations of occupation of premises in connection with service are found in the employment of coachmen, gardeners and farm laborers, and the matter sometimes assumes importance in the city from the employment of janitors. Where a janitor is employed and paid partly in money and partly in the privilege afforded to him of occupying a portion of the premises, his occupation is that of a servant, not of a tenant. Under such circumstances, the employer has the right, upon discharging the janitor, to remove his furniture and goods from the premises and to employ the necessary force to accomplish this purpose. Delay in the removal of the janitor might turn his occupation into a tenancy by sufferance. A janitor, however, may be a tenant. This would arise in cases where he rented an apartment and paid the rent partly in cash and partly by services to be rendered. Under such circumstances the janitor could not be removed without resort to the usual dispossess proceedings.