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Can a lien be legally placed on a home if it is unoccupied or vacant??

ArizonaRight to Lien

We have a home where a fire went through and was unoccupied in AZ. In cases like this can we put a lien on the home as soon as we know it is unoccupied or vacant?

5 replies

Apr 19, 2021
The short answer is yes, if you have fulfilled the requirement to placing a lien on the home. There is no requirement that a home need be occupied in order for a lien to be validly recorded. In fact, it is not uncommon for liens to be recorded for unpaid materials or labor prior to completion a project. Provided you have timely served the required 20-day preliminary notice, your lien rights should be ok. The only other question is whether you had a contract directly with the owner of the home if they intended to occupy or did occupy the home. Arizona law requires a direct contract with an owner-occupant in order to have lien rights. If you did not have lien rights because you did not have a direct contract with the owner-occupant, then their being forced from the home (or their inability to reside in the home) due to a fire will not automatically create lien rights in your favor that didn't previously exist.
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Apr 19, 2021

Hi Scott,

Thanks for replying so quickly. This one is a little bit of an unusual circumstance and the lien process won't apply for this situation but was more of a question for furture jobs. This one was a horder's situation and both the owners of the home are deceased. It was an emergency board up situation that was a larger job but we can't get payment due to the owners passing away and no known family. 

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Apr 19, 2021
Sara - got it. If you need anything else, feel free to reach out to me directly. I have been national counsel for a construction lien company and have extensive experience in the lien world.
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Apr 19, 2021

Would a signed work authorization without a dollar amount serve as a direct contract with the owner/occupant??

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Apr 19, 2021
It would probably be good enough. I'd be happy to look it over and talk with you about it to make sure.
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