Legal Question in Landlord & Tenant Law in California

Can a garder put a mechanics lien against a homeowner when a tenant is paying for the gardener? Gardener was hired by tenant and paid by tenant.


Asked on 10/29/09, 4:25 am

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

First, the gardener would have to be a licensed contractor to record a mechanic's lien, and my experience is that most gardeners are not licensed. Second, if he or she is licensed, then send them a Notice of Non-Responsibility immediately to avoid adverse consequences if he does not get paid. If you do not, and the gardener is licensed, then yes, they can theoretically place a lien on your home even though you did not contract with them.

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Answered on 11/03/09, 12:55 pm

Gibbs is just wrong. Mechanics Liens only attach to a "work of improvement." Basic maintenance is not a "work of improvement." If the gardener was a licensed contractor AND did something like a complete garden renovation and installation, or landscape architect type work, then that might be a work of improvement. However, the gardener would then have had to jump through a lot of procedural hoops, such as giving you a preliminary notice within 20-days of starting work, before an effective lien could attach even then. So while Gibbs is right that a landlord can under some circumstances become liable for work by licensed contractors hired by tenants, your mow-and-blow gardener would not have the right to do so. If they do, it is slander of title and you can not only defend against the lien but sue the gardener.

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Answered on 11/03/09, 2:11 pm


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