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Ask Michael Gonzalez Your Own Question
Michael Gonzalez
Michael Gonzalez, Lawyer
Category: Real Estate Law
Satisfied Customers: 69
Experience:  Managing Member at Perez-Mena & Gonzalez, LLC
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I've kept the owner out of issues by paying bills and

Customer Question

I've kept the owner out of issues by paying bills and repairing property. I want to know about filing a lien to retrieve the monies that I'm now out of
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Michael Gonzalez replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It depends on whether the owner agreed or tacitly agreed for you to perform the repairs on the property. In other words, for example, a roofer cannot repair an owner's roof without the approval of the owner and then claim a lien for such work. In most states, you could not even deduct the amount of your repairs to your rent. Without the owner's agreement, then the most viable claim would be an equitable one of unjust enrichment. A pre-judgment lien will not be available for such an action even if successful.

Customer: replied 10 months ago.
Not an answer I'm the manager not a tenant
Expert:  Michael Gonzalez replied 10 months ago.

Thank you for the added information. Even as property manager, the main thrust of my response still applies, namely, without the approval of the owner then a pre-judgment lien will be difficult if not impossible to be perfected on the improved property. Your possible remedy will be breach of the property management contract or an equitable remedy of unjust enrichment.

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