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Are we able to file lien after court summons?

KansasRight to Lien

We have lived in a house that we were making improvements to for 5yrs. Now, after supplying all materials and all labor approximately $40,000 later, our landlords gave us a 3day notice. We are still in the process of renovation. IWe live in Kansas.

1 reply

Nov 26, 2018
I'm terribly sorry to hear that. Considering what's at stake and the short timetable, it would be wise to consult a local attorney about the issue. With that being said, let's look at the availability of a mechanics lien. Generally, mechanics liens secure the right to payment when construction work has been performed and unpaid. That is, mechanics lien rights will typically only arise when payment is due - when improvements were made without the expectation of payment, or when "payment" for labor and/or materials is something other than money, lien rights will typically not be the most appropriate option. That being said, let's look at the Kansas mechanics lien rules. Under § 60-1101 of the Kansas lien statute, "Any person furnishing labor, equipment, material, or supplies used or consumed for the improvement of real property, under a contract with the owner or with the trustee, agent or spouse of the owner, shall have a lien upon the property..." Thus, if there is a contract between the owner and the claimant setting out the work to be performed, potentially, a lien claim could be filed. Note, though, that such a claim would need a sound basis - mechanics liens filed in bad faith and/or for the wrong reasons could result in a fraudulent lien, and a fraudulent lien could really compound a claimant's problems. Again, reaching out to a local attorney is a wise move when eviction is looming and when it's unclear whether lien rights are present. For more background on Kansas' lien and notice rules, this page should be helpful: Kansas Lien & Notice FAQs.
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