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CAN I file a lien on a client with a leasehold interest.

Illinois

i am an Architect and completed Architetual and Engineering for tenants improvements can I flie a lien for non payment ?

2 replies

Aug 11, 2021

You ask if you can file a Mechanics Lien stemming from the nonpayment of a tenant. Short Answer: "Yes, but..." Longer Answer: "No, if..." Let me explain. 

An Architect is entitled to a mechanics lien against improved property, provided the work was done on behalf of the OWNER, or with OWNER's knowledge and consent Can you lien the project if the OWNER was unaware of your work or did not consent? (See Below)

Technically, you can file whatever you want The issuse is that if the OWNER was not aware ofyour work or did not consent, then the OWNER can demand that you remove your lien as a SLANDER ON TITLE. Some lessors in this situation would put pressure on the tenants to pay at once in order to resolve the issue; but some will use the slander of title argument and will threaten you. We've had experience with both outsomes (lien successful, lien unsuccessful).

I hope this information has helpful. Best of luck.

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Aug 13, 2021

Yes you can if you meet the other requirements for asserting a lien.

 

 

One can file a lien against a leasehold interest.

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