Had house fire. Board up company did work without my permission.

[Erich Henson]

I'm looking for a little advice.  I received a bill for $1000 after a house fire on one of my rental properties.  The company says they boarded up my house because the fire department called them after the fire.  I never authorized the work.  The tenant signed an agreement with the board up company, not me.  So I didn't pay them and now they are going to file a mechanics lien on my house!  

Is this legal?  I didn't hire them because I would have had my handyman board up the house for a fraction of the cost.  If I refuse to pay, is it legal for them to pursue me for collections and file a mechanics lien?  I almost feel like I'm being bullied into paying them because I'd probably have to hire an attorney to fight this and it would end up costing more...  Any thoughts?

Thank you!

[Jeremy VanDelinder]

I'm sorry you had a fire at your property. I hope everyone is OK. I know this is a difficult process to go through.

I'm an investor, flip fire-damaged properties and own a restoration company that specializes in emergency services/boardup. Before that I have spent over two decades in emergency services including a number of years with the Fire Department.

If you look closely at your homeowners policy you will discover that the policy puts responsibility on the homeowner for securing the house and preventing further damage--emergency board up, roof cover, structural stabilization, etc. It is imperative to get this done right away. This protects 1) from theft of contents 2) property from further damage and 3) YOU and your insurance from liability of children or others getting hurt on the property (this is related to the "attractive nuisance" legal doctrine.) So the fire department will sometimes ensure this done to protect the homeowner and the surrounding community. 

So, technically, yes, they should have had you sign the work authorization not the tenant, but your reaction should be appreciation.

Secondly, as pointed out above, this should be paid for by your homeowners insurance. If you have already settled with them the money they paid out should include emergency service. If the claim is still open, pay it and turn in the receipt to the insurance company. 

Hopefully that is helpful--I'd be happy to answer any questions you have or provide advice through this process.