Investor · Aubrey, TX · Member since 2015 · 9 posts · 3 votes
My renter hit hard times and decided the thing to do was to disappear, leaving behind several months of unpaid rent and a trashed house. That's the backstory, and here's the new twist...I just got a letter from a lawn contractor, and unbeknownst to me, my renter had hired the contractor to cut the grass, and the unpaid bills totaled $952. So the contractor filed a lien against my property. When they filed the Affidavit, they were under the mistaken impression that my renter was the owner, and they listed my renter as the owner in the Affidavit. Since then, I have talked to the contractor and explained the situation, but they are saying they want their money and are leaving the lien in place until they get it. This is in Texas. Anyone familiar with the legalities in a situation like this?
Investor · Denver, CO · Member since 2016 · 736 posts · 582 votes
9y
Talk to a lawyer. If the lien and documents filed to obtain the lien were filed incorrectly, then a lawyer may be able to invalidate the lien - but the cheaper option is just to pay it, get the lien removed, and move on.
Investor · Aubrey, TX · Member since 2015 · 9 posts · 3 votes
9y
Thanks Ed. If I did get the initial lien invalidated because it was filed incorrectly (which it clearly was), is there anything to stop the contractor from filing another lien with my name on it? In other words, as the landlord and property owner, am I legally responsible for my renter's debts in a case like this?
Investor · Aubrey, TX · Member since 2015 · 9 posts · 3 votes
9y
To close the loop on my particular situation, I got it resolved with the contractor without having to consult a lawyer..the lien has been revoked and all is well. But if anyone else has taken it to the next step - ie consulted an attorney - I'd love to hear how it played out.
Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
9y
How was it resolved? You just paid it? You can typically get a free initial consultation with an attorney to ask such questions about responsibilities and the like.
I know this example is unrelated, but it sounds like when creditors come after surviving family members of a deceased person demanding that they are responsible for their debt. This is not true.
Investor · Aubrey, TX · Member since 2015 · 9 posts · 3 votes
9y
Nicole...no, I definitely did not pay it. In a combination of emails, phone calls, and an office visit, I took a three-pronged approach: 1) An appeal to do the right thing 2) A reminder that when I prevail in court, they will likely have to cover all court and attorney fees 3) the social media fallout could be costly. Fortunately everything was handled in an adult manner with no shouting or teeth-gnashing.