Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Can a business landlord put a lien on a personal house of…

Can a business landlord...

Can a business landlord put a lien on a personal house of tenant that is in default on business rent. Tenant is C Corp with personal guarantee.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

North Carolina

Lawyer's Assistant: Has any paperwork been filed?

No

Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 1 minute by:
3/11/2018
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 38,766
Experience: Attorney with 30 years of experience representing landlords and tenants.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Landlord-Tenant Question

Does the landlord have a judgment against the guarantor?

Has a lien actually been filed on the guarantor's residence?

Ask Your Own Landlord-Tenant Question
Customer reply replied 4 months ago
No and no. Tenant is not in default as of now.

Thank you for the additional information.

If the tenant is a C Corp then only the corporate assets would be subject to attachment for any breach in the lease.

With the addition of a personal guarantor, their personally owned assets are likewise at risk, pursuant to the guaranty they signed for the tenant's obligations under the lease.

The landlord would not have any summary rights to lien the home of the guarantor, though. They would need a judgment against the guarantor first.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Ask Your Own Landlord-Tenant Question
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,264
Experience: Attorney
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I see that you've opted out your original expert.

Because the tenant signed a personal guarantee, the landlord has a right to sue him personally to collect any unpaid judgment. The landlord CANNOT put a lien on the house to ensure payment of the rent in advance unless the tenant specifically signed something that authorized it. You may want to check your lease and anything else you signed to be sure.

In the event that the tenant fails to pay, the landlord can choose to sue for the amounts owed. That judgement can be used to put a lien on the tenant's home. The landlord cannot place a lien without either that judgment or the tenant's written consent. North Carolina law provides that the first $35,000 of equity in a person's home is exempt from being taken to pay a debt. N.C. Stat., Section 1C-601. That means he cannot foreclose the lien unless you have more than $35,000 in equity. As a practical matter, most people don't try to foreclose a lien unless there's enough equity available to pay the judgment in full, because it costs money.

Have I answered your question? Please let me know if there is anything I can clarify or expand on for you.

Ask Your Own Landlord-Tenant Question
Customer reply replied 4 months ago
Thank you for the info. If the house was sold before a judgment or lien can the net profit on a house sell be used as collateral.
Also if the tenant declares bankruptcy, do all the judgements apply

The tenant could choose to use cash from the sale of a house as collateral by signing a document and putting the money into a separate account. They could also choose to use the house as collateral if they didn't want to have to sell it. If a tenant believed a judgment was coming, they could sell the house. The landlord would be allowed to file documents trying to block the sale.

Depending on the type of bankruptcy and how many assets the tenant has, it might allow him to discharge some or all of the judgment. Filing for bankruptcy would also automatically pause any legal action the landlord had taken against the tenant.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,264
Experience: Attorney
Verified
Lucy, Esq. and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Attorney

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I have a property that my step son and his girlfriend live
I have a property that my step son and his girlfriend live in. We want to evict them. They do not pay rent and there is no lease. The girlfriend was not given permission to live in the property. The s… read more
Jessica B
Jessica B
Juris Doctor
1,520 satisfied customers
I am a Partner In a business and our business is about to
I am a Partner In a business and our business is about to fail, if we were to default on the payments to the landlord, who would be accountable for the remaining year lease amount, the business is a S… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
I bought a mobile home park in County, Kansas on Sept 9,
Hi, I bought a mobile home park in Butler County, Kansas on Sept 9, 2016.Lot rent is due on the 1st of the month.Two tenants have not paid lot rent. These two tenants own their respective homes in the… read more
LegalGems
LegalGems
Juris Doctorate
12,530 satisfied customers
If a tenant in our SC house leaves lease early (e.g. after
If a tenant in our SC house leaves lease early (e.g. after 1.5 yrs of a 3 yr lease) and doesn't pay any penalty, I heard we have to serve him lawsuit papers BEFORE he leaves the house? Fyi his (non-mi… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
I am considering renting my home in North Carolina. I have
I am considering renting my home in North Carolina. I have one applicant that has fair credit and is willing to pay the entire year's rent up front but has an IRS tax lien that is in repayment. I have… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We are renting in a historic building an office of 4000 square
We are renting in a historic building an office of 4000 square feet with 18 employees in Wilmington NC, it is around 100 degrees outside and the ac is not working for a week. Landlord has put in porta… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,858 satisfied customers
I'm going to rent a single family home soon and I want to
I'm going to rent a single family home soon and I want to retain an attorney to print and notarize the lease and to handle eviction if/when necessary. Any general idea of what this might cost? I also … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,147 satisfied customers
I am a landlord with a years lease to tenants in NC. I own
I am a landlord with a years lease to tenants in NC. I own this house. Their lease ends in July 2015 and have 7 month remaining in their lease agreement. The tenant claims that because of a job loss, … read more
kattorney
kattorney
attorney
Doctoral Degree
209 satisfied customers
My landlord just gave me a letter saying they will lock me
My landlord just gave me a letter saying they will lock me out on Monday without any prior notice. I am 35 days late on my rent. This is for a business in a shopping center. They are only giving me tw… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My girlfriend's mother is renting a house in Asheville NC and
My girlfriend's mother is renting a house in Asheville NC and is being told to leave because she found extreme amounts of mold in the crawl space and took photos. It has cause a lot of her personal it… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I live in Texas. I am trying to lease a small piece of property
I live in Texas. I am trying to lease a small piece of property that has an office on it. I have someone interested in leasing it, but they do not want to sign a personal guaranty or take out business… read more
LawTalk
LawTalk
Attorney
Juris Doctor
1,055 satisfied customers
I recently informed my landlord that I was moving out in August
I recently informed my landlord that I was moving out in August before my lease expired the following June. I was informed, in writing, that I would have to pay the rent until the landlord was able to… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,147 satisfied customers
I lease on a month to month basis a house in Wilmington N.
I lease on a month to month basis a house in Wilmington N. C. (new Hanover County) with another person also renting another room on the same basis. I have put the state and county as i know most do it… read more
LawyerWriter
LawyerWriter
Doctoral Degree
161 satisfied customers
i am the tenant - birds are in the attic of our 2 story rental
i am the tenant - birds are in the attic of our 2 story rental home. The birds have been there quiet some time. The bird droppings have build up so much that we can't occupy the upstairs. You can see … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Re: North Carolina Landlord/Tenant law: I am co-signer with
Re: North Carolina Landlord/Tenant law: I am co-signer with a friend on home in Cary, NC.She, with 2 children, moved into home 8/2/2011. Immediately recog. musty odor; reported to RE Mgm. Firm; by 9/1… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
I have tenants in NC that have pets with a no pet clause. In December, we found out they h
I have tenants in NC that have pets with a no pet clause. In December, we found out they had toy poodles and 3 pitbulls. By email, they were given 5 days to get rid of the dogs. They said they did. In… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,147 satisfied customers
I was recentlly evicted for my girlfriend staying with me for
I was recentlly evicted for my girlfriend staying with me for more than 30 days. Also my landlord also said she though i was smoking pot in the house, which wasnt true. i burn inscents. I was asked to… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,147 satisfied customers
I live in North Carolina and and 30 day notice to my LL dated
I live in North Carolina and and 30 day notice to my LL dated December 19, 2011. Am I required to pay the landlord rent from January 1 to the 19th. My rent is month to month and I already paid decembe… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,147 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x