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extend the lien. 6 month expiration is tomorrow. can the tenant sign

NevadaLien DeadlinesMechanics Lien

My lien expires tomorrow. I rented fence to the tenant. He was evicted and the owner did something with our fence. Our contract is with the ex tenant though and he wants to extend the lien so he can try to take care of this on Monday 4/8/19. Is there a way I can have the tenant sign to extend the lien for payment?

1 reply

Apr 3, 2019
I'm sorry to hear about that. As you may know, Nevada is one of relatively few states where a mechanics lien enforcement deadline can actually be extended. Under § 108.233(1)(b), a written instrument between "the lien claimant and by a person or persons in interest in the property subject to the lien". So, while a mechanics lien extension will generally be executed by the lienor and the property owner, if there's another party who has an interest in the property, that party might be able to sign an agreement to extend a mechanics lien. Note, of course, that whether or not a tenant would qualify as a "person in interest" is not specifically set out under Nevada statute, however. So, there's likely an open question as to whether a tenant might be able to sign for the extension of a lien. But, it would not be all that surprising if only an owner or co-owner in the property was able to extend the mechanics lien enforcement timeframe. As for exactly how a mechanics lien is extended, a Nevada lien can be extended when the lienor and the "person in interest" both sign a written agreement to extend the deadline for enforcing the mechanics lien, and that agreement must be recorded within the timeframe for originally enforcing the filed lien (which, in Nevada, is 6 months from the recording of the lien). For more information on Nevada's lien laws and deadlines, this resource should be helpful: Nevada Lien & Notice Overview.
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