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IN2MOWN
11-18-2008, 08:52 PM
Quick question guys.

I have a customer who rents a duplex and has decided not to pay their bill to the tune of around $400.00.

Can I still put a mechanics lein on the property even though the customer only rents the property?

shovelracer
11-18-2008, 09:30 PM
Nope, options are call the owner and see if they make good on it, but most likely not. Or small claims if you have paperwork. If you dont have paperwork you pretty much have nothing, but empty threats. I require the owner of rentals to back the renter in case they default. Try to stay away from them completely though.

IN2MOWN
11-18-2008, 10:44 PM
Nope, options are call the owner and see if they make good on it, but most likely not. Or small claims if you have paperwork. If you dont have paperwork you pretty much have nothing, but empty threats. I require the owner of rentals to back the renter in case they default. Try to stay away from them completely though.



I sent the owner a letter as well as the renter with copies of the invoices, what was due and talk of a lein.

To be honest if I cant do it Im going to go over there, shovel out the mulch, unplant the bushes and install them in my place.

DLAWNS
11-18-2008, 11:20 PM
I sent the owner a letter as well as the renter with copies of the invoices, what was due and talk of a lein.

To be honest if I cant do it Im going to go over there, shovel out the mulch, unplant the bushes and install them in my place.

Sounds like a plan to me.

Tyler7692
11-18-2008, 11:54 PM
Too much work, just kill the plants.

lawnman_scott
11-19-2008, 12:01 AM
Why not just take them to small claims court?

IN2MOWN
11-19-2008, 08:31 AM
Why not just take them to small claims court?

Because I seriously doubt he would show up and getting a judgement on default is way different then actually collecting.

Frontier-Lawn
11-19-2008, 02:55 PM
Because I seriously doubt he would show up and getting a judgement on default is way different then actually collecting.

with a judgment you can get $ from there paycheck

poolboy
11-19-2008, 03:52 PM
with a judgment you can get $ from there paycheck

That varies from state to state, in Texas, garnishment cannot be done. Unless it's taxes or child support.

IN2MOWN
11-19-2008, 06:21 PM
I stopped by and talked to him today. He told me to come back Friday @ 3:00 and he would have the money.

We shall see.

shovelracer
11-19-2008, 07:09 PM
Maybe because the moving truck will be out of there by noon. So you do or dont have paperwork?

IN2MOWN
11-19-2008, 08:17 PM
Maybe because the moving truck will be out of there by noon. So you do or dont have paperwork?

The paperwork is ready to be filed. He has one more chance with me and that chance is Friday.

He told me Friday because that is the day he said his wife gets paid.

shovelracer
11-19-2008, 09:45 PM
I mean a written, signed, dated contract specifying work to be done, payments, etc.

IN2MOWN
11-20-2008, 08:41 AM
I mean a written, signed, dated contract specifying work to be done, payments, etc.



Nobody does contracts around here with residentials customers and in the state of KS an oral agreement is as binding as a written.

lawnman_scott
11-20-2008, 09:15 AM
I mean a written, signed, dated contract specifying work to be done, payments, etc.I have never lost in small claims court. All but 1 of those times I had no contract. Besides if you look at the contracts people post on here anyone can see that most of them aren't even enforcable.

Albery's Lawn & Tractor
11-22-2008, 12:51 PM
So what happened?

IN2MOWN
11-23-2008, 03:22 PM
So what happened?


Nothing yet. I have the flu and I told him I would be by Monday to pick it up and he said fine.