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What type of lien do I need to file and how do I get the correct paperwork?

Rent to own house in 2010. The contract stated that we were to do all the repairs and upkeep for 4years and that money would be deducted from the price. We made a great deal of repair and upkeep; saving and recording all monies spent. In 2014 city came to take the property because the landlord never paid the taxes for 4 years. Entered into legations with the cit for the past 3 1/2 years. Our attorney failed to file the latest round of correct paperwork. We were evicted We would like to put a lien on the property for the amount that we invested in repairs and maintenance.

1 reply

Jan 19, 2018

When considering whether to file a mechanics lien, a threshold question will be whether the window for filing a lien has closed. In New York, a mechanics lien must be filed within 8 months of last furnishing services. On single-family residential projects, the filing must be made within 4 months. Filing a mechanics lien beyond the filing deadline is a bad idea. It may be outright rejected, but even if it is not, an untimely lien will likely not be enforced - plus other liability may come into play for filing an improper or fraudulent mechanics lien. Further, a mechanics lien might not even be appropriate for this situation- though other options may certainly be available. Ultimately, your best bet may be to reach out to a local attorney for clarity on the situation.

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