A dumpster company put a lien on my landlords property for a past misunderstanding and debt I owe. Is it legal to put a lien on property that I don't own?
1 reply
Apr 10, 2020
There are some limitations regarding the ability to file a mechanics lien against the owner's property regarding work done for a tenant. Levelset discusses that here: What Happens to Mechanics Lien Rights If My Project is a Tenant Improvement?
Colorado actually has a system in place regarding mechanics liens on tenant work, unlike most states. Mechanics liens filed for Colorado tenant improvements are called "Section 105" liens - and they'll attach to the owner's property. An owner can take actions to defend themselves from such a lien, but they'd have to act fast.
When work is being done for a tenant, the owner is able to avoid liability for potential lien claims if they post a "Notice of Non-Liability" within 5 days of when they become aware that work is being performed at the site. If the owner posts that notice - then a Section 105 lien won't attach to their property. But, if they don't, then a mechanics lien claimant may have a perfectly valid Section 105 lien even when they weren't hired by the owner.
Based on your question, I think this article should be useful: A Mechanics Lien Was Filed on My Property – What Do I Do Now?