Can a mechanics lien be filed for an interior tenant build out project in DC?
1 reply
Jun 15, 2020
A mechanics lien can be filed for tenant improvements, but the lien will typically only attach to the tenant's interest in the property. In other words, their lease can be liened - but, generally, the lien won't attach to the owner's interest in the land.
With that being said, if the owner required the tenant to have the work done, or if the owner was also involved in the improvement, there's a chance the tenant is acting as an agent of the owner and that a lien claim would be available against the owner's interest in the property, and not just the lease.
Finally, keep in mind that simply threatening to file a mechanics lien can lead to payment. Sending a Notice of Intent to Lien to both the tenant and/or the property owner could speed up payment without actually filing a lien claim. More on that here: What is A Notice of Intent to Lien And Should I Send One?
For further discussion, these articles will be useful:
- What Happens to Mechanics Lien Rights If My Project is a Tenant Improvement?- Washington DC Mechanics Lien Guide and FAQs- How to File a Mechanics Lien in Washington, DC | A Step-by-Step Guide to Get You Paid