Legal Question in Landlord & Tenant Law in Illinois
A tenant had contracted our company to replace the carpet in his rented home. He has skipped out on paying our company. Can we notify the homeowner for payment/inform him of what his tenant has done? Can we place a mechanics lien on the home?
1 Answer from Attorneys
If you have nothing to show the homeowner consented to this work you could be totally SOL. Asking the homeowner just gives them the chance to "deny"; file your lien. It's then up to them to the homeowner(s) to defend. If it's a bank in foreclosure mode, it may be more difficult. But even if your lien claim ultimately never flies you have other theories upon which to sue -- contract, quantum meruit...as long as the carpeting is an improvement....
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.
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