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Can I lien a property when the Owner is not who contracted us to do the work? A tenant did.

VirginiaLegal Property DescriptionMechanics Lien

I'm from a GC, we did some fogging for one of our Clients but they do not own the actual building. As of now our invoice is still unpaid and we are coming close to our lien rights expiring. Can I lien the property even though they aren't the Owner?

1 reply

Aug 7, 2020

You can file a lien, but only against the leasehold interest. If it is a commercial lien then having a lien on the property is still likely a violation of the lease and the landlord will put pressure on the tenant. There are a few additional wrinkles when filing a lien on the leasehold interest. Feel free to contact me to discuss. 

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