Can a mechanic’s lien be placed on an owner’s rental property if a tenant hires a company to install sunscreens and doesn’t pay them?

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Can a mechanic’s lien be placed on an owner’s rental property if a tenant hires a company to install sunscreens and doesn’t pay them?

The owner of the house told tenant that he would allow him to put up sunscreens and would pay half. The owner deducted his half of the amount from the tenant’s rent However, the tenant refuses to pay the remainder claiming that some of the screens are defective. The contractor did receive an email in June from tenant that screens have made a big difference. No contract was signed between tenant/owner or owner/contractor. Can the contractor put a lien on the house 3 months later?

Asked on August 30, 2011 Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If a contractor enters into an agreement with the tenant of some real proeprty to install a work of improvement on the property and later perfects a mechanic's lien on the real property having the work of improvement, the contractor would have pre-liened the property and would have given the owner notice by some form of the intended work done in the parcel.

The issue is whether or not the contractor properly liened the property for the work of improvement if the lien was placed on the property three (3) months down the line.

The owner should pay off the contractor for the work apparently well done and get a full release from the contractor in writing for work done. The landord should then resolve the one-half payment owed by the tenant with the tenant.

Good luck.


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