Can a Tenant Lein a Property?

Question

If a tenant moves out of a property after his lease was completed and the landlord refused to return the full security deposit due to "dusting and cleaning of the apartment" is it possible for the tenant to file a mechanics lein on the property for the remainder of deposit? At first, I was joking when I made this suggestion to the tenant but now I'm left wondering why not. What would it hurt? The landlord is currently trying to sell the place instead of lease it out again and he refuses to provide receipts for the work involved claiming it was payment for his time. I'm guessing it would be pretty easy for the landlord to get the lein thrown out but it may be even easier, cheaper, and quicker for him to just pay the lein instead of fighting it out.

Account Closed · Answer

Generally, only a licensed contractor can file a mechanics lien, and he would have to have proof that the owner of the property actually ordered the work done; as in a signed contract authorizing the work.

It could cost the tenant a whole bunch of money in  a lawsuit if he filed a false lien in order to blackmail the landlord. There might even be some jail time in it for the tenant. Extortion is very much against the law.

If the tenant really feels wronged, he can always go to small claims court. However, let me tell you, I've done some cleaning up after tenants and it can take days to clean up their filth and hundreds of dollars to repair the damage. So unless the tenant has clear photos that show the house was absolutely spotless and in good repair, he probably isn't going to get anywhere with it.

It's not going to be cheaper for the landlord to pay the lien, because the tenant who filed the false lien is going to be the one who pays for the lawyers for both sides (and hopefully does the jail time, too).

The tenant is also probably going to also end up paying for all the little damages that landlords just repair without billing-- but if you are going to court, anyway, you might as well include them and get them paid by the tenant.

Chad B. · Answer

Yep PNW you just confirmed what I thought. I don't think anyone would be going to jail or anything over this one but I saw the tenants video of the place after he moved out and it does look like the landlord is just being an A-hole. This tenant probably isn't going to win in small claims court either since the landlord is a lawyer he will just out manuever him.

Richard F. · Answer

Although I wouldn't have a clue about the local laws of Illinois, in my opinion, first of all, a "mechanic's lien" typically is filed by a vendor... for example, a garage mechanic files for an unpaid auto repair bill, or a lumberyard files for supplies delivered to a site but not paid for.  I believe the presumption is that the vendor has a legitimate BUSINESS claim for the money.

A tenant, by any other name, is still a tenant. As such, most jurisdictions limit Landlord/Tenant disputes to a specific venue, in all but the most egregious circumstances. Even further, Security Deposit disputes specifically are sometimes even more narrowly held to a specific procedure.

But, check your local laws...