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What are the laws against going to the property you were working on to reclaim items that are yours?

KansasMechanics Lien

The owner of the property which is a mobile home park is not only refusing to pay me for my personal materials used or labor expenses. She will not allow me to recover items at the park which are mine. She's also tossing around that she wants to see where each and every part was installed. That's fine with me but whenever I'm available she has"EXCUSES" Everytime. We also had a verbal agreement on some larger projects that are now not going to get done by me. Is there a way for me to get the supplies without getting into trouble?

1 reply

Apr 12, 2019

Sorry to hear about your situation. Let's see if we can provide some guidance. First, let's take a look at the requirements to file a Kansas mechanics lien. In KS, when someone performs work and/or supplies materials for the improvement of real property, lien rights will typically be available; as long as the labor/materials provided results in a permanent improvement of the property. For those who directly contracted with the property owner, there are no preliminary notice requirements. In that case, the deadline to file a lien claim is 4 months from the last date of providing labor or materials. Mechanics liens are incredibly useful to recover payment. However, before considering this, another possibility is to send a Notice of Intent to Lien. It's cheaper, easier and effective. Property owners hate mechanics liens, so much so that the mere threat of filing one on the property can often be enough to induce payment. For more information on how these work, you can read How to File a Kansas Mechanics Lien or check out the Kansas Lien & Notice Overview page. As far as the items left on the property, no property owner has the right to withhold a contractor's tools or equipment under any circumstances. We'd advise either filing a police report or contacting a local attorney to explore your other options. Never take matters into your own hands. Good luck!

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