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Can a property owner be responsible for a renter's unpaid bill he incurred from the rental of a dumpster?

OklahomaMechanics Lien
Anonymous Contractor

Tenant rented a dumpster that was placed on our property. Renter has a small service and used the dumpster to throw away old things left over from his work. Has not paid the supplier due to financial problems related to little work due to pandemic. Provider is threatening us, the owner of the property, with a mechanics lien. We did not have any participation in this rental, Are we in any way financially responsible?

1 reply

Levelset Admin at Levelset
| 80 reviews
Sep 1, 2020
In most scenarios, a mechanics lien filed for the tenant improvement or in this case for the rental of a dumpster for the tenant's benefit, will generally attach to the owner's interest in the property as if it was the owner him/herself contracting for the improvement. The owner is presumed to gain the benefit of the improvement whether or not if they contracted for the work to get done. Therefore the owner likely will bear the responsibility to make sure the parties get paid unless a notice of non-responsibility has been filed. A notice of non-responsibility can work to shield the owner's interest in the property mechanics liens. If the notice was filed, the potential mechanics lien claimant has the same protection on tenant improvement as they would if the owner contracted for the improvement directly. Yet, this is not always the case. In some states, the consent of the owner is not presumed and mechanics liens can either be disallowed or forced to attach to the interest of the party that contracted for the work. Contacting an Oklahoma construction attorney likely will be helpful to discover if the mechanics lien will automatically attach you as the property owner.
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