Can lawn co. put lien on rental for tenant not paying them?

Can lawn co. put lien on rental for tenant not paying them?

Rental Property Investor · Canton, OH · Member since 2017 · 1k+ posts · 1k+ votes

Have a lawn care company saying my tenant owes him $205 and won't pay. Because of that, he's threatening to put a lien on my property unless I pay him. I'm of course trying to get the tenant to pay as my lease says he is responsible for the lawn.

2 questions...

1. Can he put a lien on my property?

2. If he can, should I just pay him, then post a 3 day eviction notice?

Never had this issue come up before 🤷‍♂️

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Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
4y

It is highly probable that they can . its maintenance and its something required . It would be easier for you to pay the lawn company , then deduct it from the security deposit . And cancel the lawn service 

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  • Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    4y
  • Rental Property Investor · Canton, OH · Member since 2017 · 1k+ posts · 1k+ votes
    4y

    @Kevin Sobilo

    Not sure about this. I know lawn company that successfully had a lien on a property for non payment. It was an owner-occupied property however.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    4y

    @Account Closed depends a on state laws. Here Thales could not because a mechanics lien has to be for “improvements” to the property, lawn cutting wouldn’t be eligible.

  • Rental Property Investor · Canton, OH · Member since 2017 · 1k+ posts · 1k+ votes
    4y

    @Wayne Brooks

    Can I contact someone at the city and ask them? If so, who would it be? Even my attorney was not 100% sure about the lien.

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    4y

    It is highly probable that they can . its maintenance and its something required . It would be easier for you to pay the lawn company , then deduct it from the security deposit . And cancel the lawn service 

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y

    Not in any states I've worked in. They would need a State Contractor's License to file a lien like this. This prevents every Tom, Dick and Harry from filing nuisance liens.

    @Matthew Paul has the right idea here.....

  • Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    4y

    I'd post a notice on the property for a cure/quit. The tenant is not taking responsibility for the lawn mowing as required so they are in violation of the lease. Post the notice to cure or vacate and see if that doesn't get something moving. If you let this slide, the next unpaid thing will be the rent. Did these tenants have a good tenant score? Because it seems like they maybe would have a history of unpaid bills.

  • Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    4y

    As far as the lien against the property, I don't think the mowing company could do that as you didn't hire them. Their issue is with the tenant, not the property.

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    4y
    Quote from @John Teachout:

    As far as the lien against the property, I don't think the mowing company could do that as you didn't hire them. Their issue is with the tenant, not the property.


     I am a contractor and If I work on your house and hire a painter who is a sub , and do not pay him the painter can file a lien . The landscaper was hired by the person who was in control of the property ( they would have no clue if they were the owner or renter ) .They could file a lien . But for $230 , it would save time and headache if the owner pays the contractor and dings the tenant deposit 

  • Rental Property Investor · Canton, OH · Member since 2017 · 1k+ posts · 1k+ votes
    4y

    @Matthew Paul

    Thanks everyone. I like the idea of deducting from SD...so long as the place isnt complety trashed when he moves out down the road. Let me see what happens after next week. The mother is the cosigner and does not want an eviction filed under her name so said she would pay it (I'm not holding my breath however). If they don't pay by end of next week, I will post a notice

  • Flipper/Rehabber · Austin, TX · Member since 2020 · 17 posts · 5 votes
    4y

    @CJ M. Why not schedule a site inspection and see for yourself if they have caused damage already and head off the problem? Taking the costs from the security deposit only makes sense if they already think they aren't getting it back, in which case you will eat the loss.

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