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What is the notice requirement for a Mechanics Lien when the property owner is deceased?

ArizonaMechanics Lien

I was contracted by Mark Reeves, the brother of Mike Reeves-deceased, to clean up some blood and trash from the inside of Mike's home. Once we completed the job, Mark informed me that he couldn't pay ($2,352) until the estate was settled. Therefore, I want to file a lien on the property to protect my ability to be paid. Mark Reeves lives out of state, and I only have a phone number and email address for him. So is sending the lien notice to Mike's address along with an email copy to Mark sufficient? Or do I some how need to find Mark's address? Thank you

1 reply

Jan 12, 2021

If the work was limited to clean up of various materials, you may not have mechanics lien rights. Mechanic's liens are allowed for licensed contractors who furnish labor, materials, machinery, fixtures or tools in the construction, alteration or repair of any structure or improvement. Cleaning up trash does not construct, alter or repair the structure, so be aware of that. Assuming you qualify for a mechanic's lien, you must have sent a preliminary 20-day notice otherwise you will not have mechanic's lien rights even if you meet the qualifications above. As far as where you send the lien, it must be mailed to the property owner. It looks like the property owner is dead. So you need to determine who the owner of the property is now that the former owner has passed. It is not necessarily Mark. Moreover, mailing the lien to Mark will not satisfy the statute if he is not the owner. Your best bet may be to wait a couple months. If Mark doesn't pay, sue him in justice court for the balance due. Your claim would be for breach of contract.

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