Can a lien be placed on a property if a renter does not pay a contractor?

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Can a lien be placed on a property if a renter does not pay a contractor?

My fiance rents a house from her aunt. She got in a dispute with a plumber over the bill for a job, and the plumber is threatening to put a lien on the property. Can they do that even though she is not the owner?

Asked on June 22, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, a lien may not be placed on a property due to nonpayment by a renter; the renter has no power to encumber, even by a contractor's or mechanic's lien, the property of another. However, if the owner authorized the service call or work, then a lien could be placed; so a lien could only not be placed if the owner was not involved in the service call or work in any way.


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