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Law Pro
Law Pro, Lawyer
Category: Legal
Satisfied Customers: 24870
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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If a tenant moves a large building on to a rental property

Resolved Question:

If a tenant moves a large building on to a rental property and they are not fulfiling their obligation to pay the lease payments on time and have broken several other lease agreements, causing the Home owner jeapordy in keeping insurance on the home.
If they are given written notice to evacuate the property, as home owner do I have the right to attach a lein on the building for damages and loss of income on the property?And can the building they moved on the property stay as a permanent structure due to their not fulfiling the terms of the lease agreement?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Law Pro replied 5 years ago.
What type of foundation is there for this "building" they moved onto the leased property?
Customer: replied 5 years ago.
The building is just sitting on timbers not permanently attached.
Expert:  Law Pro replied 5 years ago.
Then the building is "personal property" and not a fixture attached to the property - like a mobile home.

Question - is this a residential or commercial lease?
Customer: replied 5 years ago.
Customer: replied 5 years ago.
I have not recieved a response to the last answer I gave.
Expert:  Law Pro replied 5 years ago.
Please realize that we are answering questions for multiple customers at one time - so, depending upon the question and answer it takes us time to get back with a customer.

We thank you for your patience.

You asked:

If they are given written notice to evacuate the property, as home owner do I have the right to attach a lien on the building for damages and loss of income on the property?

No, you do not have the right to lien the tenant's property - your only recourse is to get a judgment and then potentially execute against the building.

And can the building they moved on the property stay as a permanent structure due to their not fulfilling the terms of the lease agreement?

No, the building is "personal property" of the tenants - it is not affixed to the land and therefore not a "fixture" which they might possibly have to leave behind when they leave the property.

Your only recourse here is to evice the tenant and get a judgment against them - then potentially execute against their personal property or the building.




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