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What if I didn't give 20 days preliminary notice?

Hi, I am a general contractor in Sacramento CA who completed Tenant Improvement work for client. He owes me $100,000.00. I did not send 20 days preliminary notice to the landlord. Can I still file a mechanic's lien on the landlord? Thank you. Simon Chung

3 replies

Jan 29, 2020

You might, if you can prove that the landlord knew of your existence. For example, if you had conversations with him, if he emailed you, etc.

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Jan 29, 2020

Hi, Yes, the property owner emailed me to work it out with the tenant after I asked if she can help. Does that work?

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Jan 29, 2020

You would need to be able to demonstrate that the landlord was aware of your work within 20 days of the work commencing. The email could help, but if it was after the work was already completed that may not be enough. If you had to submit plans or other documentation for approval by the owner that would likely be sufficient. If you have a plausible argument that the owner was aware of your work from the beginning, it makes sense to file the lien and attempt to use it as leverage to get this resolved. If the matter is not resolved you can evaluate with an attorney the challenge of obtaining and providing sufficient evidence of the Landlord's knowledge to pursue the lien. You can pursue or release the lien based on this analysis.

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