Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.
It may be possible for a tenant to do work in a house, if there lease allows them to do this,
however an owner of a home would have the right to sign a contract for work,
Also, if a non owner signs a contract for work, and pays for it,
the homeowner can sue for any damage if they wish,
ok but what if the owner is the mother who resides at the home and the daughter actually signed the contract.
if the daughter had permission it would be allowed,
permission in writing
also a contractor typically does not verify ownership when they enter a contract,
it does not have to be in writing,
if the daughter did this without permission, the contract would still be valid,
I know this is why I question this. I don't believe the owner knows.
it is just the homeowner can bring action against the daughter if they want
If the mother is not aware, her only recourse would be to sue the daughter for the work done, or damages made without her permission,
what if the daughter refuses to pay and states she does not own the home
the contractor could sue her directly,
the contractor would not be able to sue the mother as she was not a party to the contract,
and if the mother says she did not approve the work
the contractors only remedy is to sue the daughter,
as she signed it,
she is liable,
the contractor could file a mechanics lien as well on the home,
ok so under what grounds could a non owner sue if they do not own the property
they would sue based on the contract itself, the ownership is a side issue,
The daughter entered into the contract knowing they had no ownership rights to the property,
so they would be liable as they signed and agreed to the terms,
so its legal for a non owner to approve home improvements to a home they do not own, regardless.
You have two separate issues:
1. Can a non owner who has no permission make home improvements to a home the answer is no.
2. Can the non owner enter into a contract yes, as most contractors do not check ownership
3. The parties to the contract will be liable, ownership of the home is not relevant,
as the parties signed the contract,
4. If a non owner enters such a contract, the remedy is a civil lawsuit by the homeowner,
just say, the judge says she does not own the home, so therefore the contract is null and void
if no work was done, and the contractor did not spend any money that may be possible,
however, the contractor should fight such a decision as the party breached the contract and entered into it knowing they had no permission
ok and the other side of itis to prove she had no permission
Good luck, and if you have any further questions please do not hesitate to ask.
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