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I was hired by a tenant in Minnesota. Can I file a mechanics lien on the property?

I have signed contract (2/15/2020)with a Pre-Lien Notice signed by the TENNANT, not the Owner of a commercial building. Waiting for answers Mar 22, 2020 I have signed contract (2/15/2020)with a Pre-Lien Notice signed by the TENNANT, not the Owner of a commercial building. I'm the General Contractor that did the Emergency Water Damage dryout/clean up. The Tennant owns the interior and has it for sale right now. But can I put a lien on the property? Do I need to give the owner a notice within 45 days of first day (Feb 15)?

1 reply

Mar 25, 2020

Minnesota actually provides pretty expansive mechanics lien rights for those working for a tenant, at least compared to how most other states handle tenant improvements. Generally, a contractor hired by a tenant will be entitled to mechanics lien rights against the project property unless the fee owner of that property provides a Notice of Nonresponsibility within 5 days of when the fee owner finds out about the project. If that owner has been heavily involved from the jump, or if that owner has otherwise been aware of the job, or if they simply failed to provide a Notice of Nonresponsibility, then lien rights would likely be available. Further, notices provided to a tenant will generally be deemed as given to the "owner," and contractors hired directly by the owner will likely not need to send preliminary notice as if they were a subcontractor. Though, it may be a good idea to send a preliminary notice anyway. It sounds like this question may be a repeat from another question asked a few days ago which was recently answered, and you can find more detail on that original posting: Minnesota Notice and Tenant Improvements.

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