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Mechanic's lien?

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Anonymous
Not applicable

Mechanic's lien?

Not sure this is the correct place to put this, but if anyone can point me in the right direction it would be great.

 

Long story short, just bought a house and moved out of a Rental.  Former Landlord is being a jerk.  After living there for 6 years, he is trying to charge me for every little thing he can (even some stuff he can't).  Anyhow, I have already written off my deposit as I don't really have the time to fight it at this point, but he told me that if the repairs he wants to charge me for are more than the deposit he would file a Mechanic's lien against the house I just bought in order to get his money.

 

1) can he even file the lien against my house even though all the repairs are to the house he owns that I just moved out of?

 

2)How can I fight this if he tries to do this?

 

3) does this go on my credit report and if so for how long?

 

Any insight would be great.

Message 1 of 17
16 REPLIES 16
Anonymous
Not applicable

Re: Mechanic's lien?

One thing I've learned in my past is never do business with private landlords and stick to reputable property management companies that are part of associations.

 

A mechanics lien? Isint that for the protection of contractors? I dont see the relevence of a mechanics lien with correlation to the lease agreement and the landlord. 

 

1. The only time he can put a lien on your personal property (I'm not sure about the laws in your state, but I'm in TX) is if he were to obtain an abstract judgement from the court. But even he obtained an abstract judgement, he would need to file a complaint against you in small claims. There is just no way in heck that he can go up to your house and put a notice of lien. Its ridiculous. 

 

2. If I were you, I would start looking up your state property codes and go over your lease. Find where in the lease does it say that he can obtain such lien. 

 

3. If he wanted to, he could assign your account to a collection agency. Or if he obtained the abstract judgement, then its a public record that will go on to your reports. 

 

Your landlord needs to prove to a judge in court that you are responsible for the damages. Also, I would send out a letter CMRR requesting an itemized statement of the deductions he is making to your deposit. Have you taken pictures when you left the premise? Once again, please do some research on your states property code when it comes to rental properties and deposits. Keep us informed!

Message 2 of 17
Anonymous
Not applicable

Re: Mechanic's lien?

The first thing I would do is look up the Landlord Tenant laws in your state.  By law they are limited to what they can and can not charge you for.

 

Normal wear and tear is one of them.

 

There is also laws that say they must, in writing, tell you why you are not getting your deposit back.

 

 

Message 3 of 17
Anonymous
Not applicable

Re: Mechanic's lien?

Um, I'm 99.9% sure that your LL is full of puppy poop.

A mechanic's lien is a legal process to guarantee the payment for improvements or repairs to real property (or vehicles). So unless your LL is either a contractor, supplier or builder who improved and/or repaired your new home, he's outta luck.

But you gotta hand it to him ... I'd be too embarrassed to show my stupidity like that. His mother must be so proud.
(Yeah, I'm wearing my Cranky Pants. LLs trying to manipulate their tenants with ridiculous crap often does that to me)

Now, could he take you to court and obtain a judgment lien? Yep.

Can he, a LL and NOT a vendor who has NOTHING to do with the improvement, purchase or build of YOUR new home, file a MECHANIC'S lien? Nope. The repairs done to HIS home (that you rented) have nothing to do with YOUR home.

Those are two different animals (think of a horse vs a monkey -- THAT different of animals). If he's spouting off about specifically filing a ML against you for repairs done to HIS home, you're dealing with someone who believes that their FAR more intelligent than they are.

Tell your doofy LL that failure to pay for repairs to rented real property would fall under LL/Tenant law -- and that, AFAIK, has never left open the option of filing a ML.
Message 4 of 17
Anonymous
Not applicable

Re: Mechanic's lien?

Thanks a ton for confirming that my thinking was not out of line.  Now I just have to wait for him to send me the itemized list and copies of reciepts.  Believe me I am keeping a very close eye on the 21-day window he has to do so in California.
Message 5 of 17
Anonymous
Not applicable

Re: Mechanic's lien?


@Anonymous wrote:
Thanks a ton for confirming that my thinking was not out of line.  Now I just have to wait for him to send me the itemized list and copies of reciepts.  Believe me I am keeping a very close eye on the 21-day window he has to do so in California.


You know, I'm just having a snotty thought here, but you wanna know what I think? I've been puzzling over why your LL would bandy about a term like Mechanic's Lien while having (obviously) no clue what it really is ... it's just not really that common a term, you know?

I bet HE has one on his home. He prolly made the connection of -- Repairs made on property + Not paid for + Owns home = Mechanic's Lien.

Just saying. :/

Anywho, good luck!! Go get'em Darlin'!!!

If he says squatola to you about owing an obscene amount of money, you come right back here and holler. One thing I've had oodles of experience with is LL/Tenant law (don't ask).
Message 6 of 17
Itsmeagain
Established Contributor

Re: Mechanic's lien?

I had a similar situation with a LL.  I had cleaned the apartment, replaced any bulbs, cleaned the fridge, stove and fireplace, etc, etc.  However, I suspected something like this from him because I had seen how he had treated other renters and so I was prepared. 

 

First, I photographed each room after cleaning (with a copy of the daily news lying in a conspicuous place).  When the time came for the final inspection and turning over the keys, I invited two friends over.  In their presence, I handed over the keys and asked how everything looked. He said "looks OK to me".

 

Two months later, after requesting my deposit in writing, I received a bill from him for $1,200.  According to his statement, he had 2 men work two days cleaning the apartment; had replaced blinds, cleaned the filthy fridge, threw out spoiled food, had to replace burners on the stove, painted, etc.  His bill was actually $1,700 but he deducted my $500 deposit.

 

So, to make a long story short, I filed on HIM in small claims court for my $500 deposit.  On court day he produced not one shred of evidence.  I had the photos, the actual newspaper I had used in the photos and my two friends to testify to what he had said at turnover.

 

The judge considered for about 30 seconds and awarded me $500 plus court costs.

 

It felt good to show this bully that not everyone will just roll over and take his abuse. 


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Message 7 of 17
Anonymous
Not applicable

Re: Mechanic's lien?

Well, it looks like it is Game on!  Wonderin if you are still availabel to help here is everything he sent me.  I am 99% sure if this went to court I coul make him eat the rest, but I am not too sure how to word the resonce to him.  Here is what he sent me. I blacked out the names and what-not. Any help at all would be greatly appriciated.

 

 

 

 

 

 

 

 

 

**Removed  images as they were inadvertantly replaced on the hosting site**

 

 

Message Edited by JR2475 on 01-30-2009 07:32 AM
Message Edited by JR2475 on 01-30-2009 07:33 AM
Message 8 of 17
203bravo
Established Contributor

Re: Mechanic's lien?

Did you actually have dogs and cats in the unit that were specifically barred per the terms of the original lease?  My fear would be that if you did, you were in breech of the lease and would automatically lose.

 

However, did the LL ever know that you had them prior to your moving out? If he did and never said anything about it being against the lease then he technically gave his premission to keep them by not enforcing the clause in the lease.

 

If you acutally had no pets, then you may have a pretty strong case for considering normal wear and tear of the paint and flooring. 

Message Edited by 203bravo on 01-28-2009 08:53 PM
Message 9 of 17
Anonymous
Not applicable

Re: Mechanic's lien?

We told him we had pets from the very begining and he never mentioned a problem with it until about a month befoer we gave him 30 days notice after living there for 6 years.  His exact words were "I would prefer outside pet" but never actually stated indoor pets were prohibited.  As he states in his letter, #5 on the rental agreement prohibited pets, however I no longer have my copy to verify.  That being said, I would think us talking with him about it and him knowing we had pets would void this part of the agreement.
Message Edited by JR2475 on 01-28-2009 11:10 PM
Message 10 of 17
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