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My boyfriend at the time did repairs to my property

TexasMechanics Lien

Hi my boyfriend at the time lived with me for 2 mths. At that time out of his own will put in a gravel drive way and cleaned my yard. Now as we are no longer together he wants to place a lien on my home or get paid for work he chose to do for free. The house by the way is under my dads name. I am not on the deed. Can he do this as I never asked him to do anything?

1 reply

Jan 24, 2022

You should consider preparing a letter to mail by certified mail, return receipt requested, to your ex to set out the facts and to demand the relief that you want. Make sure that your letter is professional and business like as it may be evidence later. The work by your ex could be considered to be a gift or a trade in lieu of rent.

Regardless, if there was no written contract, your ex would not likely be entitled to file a mechanic's lien against the property. You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.

Filing an invalid lien could subject the filer to liability under the Texas Fraudulent Lien Act, and the filer could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. 

Good luck.

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