Property Owner notified of intent to lien because of a dumpster fee incurred by a tenant
ColoradoI am here because Discount Dumpsters, LLC has used your service to file a Notice Of Intent To Lien. My Tenant used said company for having a dumpster placed on the public street so he could dispose of personal property. There was no construction work going on, and I was never a party to the agreement. When the company went to pick up the dumpster a car was parked in front of it and so they could not pick it up. They charged the tenant an extra $200 (above the $450 already paid for the service) for having to return on a different day. Tenant disputed the $200 with their credit card company and were refunded the charge. Then the company used your services to seend me the Notice of Intent. Since I was not a party to this and as my tenant was not acting as a "Subcontractor" and since this was for personal purposes of the tenant, am I at all liable as the Property owner. Does Discount Dumpsters, LLC have the right to file a lien? If the lien is filed will the amount of lien be increased by filing fees, interest etc? PS, I have used the comments section of levelset website to mention these things. Can I presume that my comments have been passed onto Discount Dumpsters, LLC? Thanks for any clarification and information
2 replies
The answer may depend, in part, on provisions in your lease and your knowledge of the order. Your lease may also provide you with recourse against your tenant, but I'd need to see that. It's also not clear that it's a lienable in the first place, but that's a gray area.
Liens are available when work, materials, or equipment is rendered at the instance of the owner or the owner's agent, which is most commonly a general contractor. Generally, the lien should be for the contract price or amount outstanding only. Interest probably won't have run that long, and won't be significant enough to really alter the amount due. I am abundantly cautious to conservatively lien, because overstatement is a problem for contractors.
I need to know some more info about the property, like equity in the home, to get a sense of whether action on the lien is something to be concerned about.
There are also defenses you should be aware of in the future as a landlord. Feel free to call our office to discuss. 7205007855.
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