Lean on me
When you’re not strong
And I’ll be your friend
I’ll help you carry on…
- Bill Withers 1972
Leaning on a friend for help is one thing. Liening on real property is quite another. It doesn’t happen often, but when it does, it happens fast – a relationship sours or a check bounces and someone is left without payment. All at once you are in a scramble to file a lien to protect yourself and your checkbook. Fortunately, Idaho law allows a person who furnishes labor or materials that are used to improve real property to file a lien on that property. In your attempt to file within the 90-day window of opportunity, don’t get your lien thrown out on a technicality.
Filing a Valid Lien
A proper lien must be filed within 90 days of labor or materials having last been provided and must be recorded with the County Recorder. The lien must contain:
- A statement of the amount demanded, after deducting all just credits and offsets.
- The name of the owner, or reputed owner, if known.
- The name of the person by whom the claimant was employed or to whom he furnished materials.
- A description of the property to be charged with the lien, sufficient for identificationthe owner no later than 24 hours (not 5 days) following the filing of the lien.
Other Issues to Consider
Be careful and know exactly who you are doing the work for especially in an owner/landlord and tenant situation.
If the tenant is required to make improvements under its lease with the landlord then the tenant is acting as an agent for the owner and you may file a lien against both the tenant's interest in the land and the owner's interest. However, if the tenant "may" make improvements under the lease, then you may only be doing work for the tenant and will be entitled to a lien in the tenant's leasehold interest only.
Because the priority of liens is established when the work was commenced, it is a good idea to clearly document the time you begin work on a project.
In Idaho, the lien provisions are given broad and liberal powers but there are still limits to those powers. Generally, material furnished must be supplied to a specific site. The mechanic's lien does not apply to public projects only private. Be careful if you are a supplier of a supplier, you may not be entitled to a lien.
If your lien is valid and you prevail on foreclosing your lien you will get mandatory reimbursement of your attorney fees. Even if you prevail only on a small portion of your lien, you will still be entitled to all of your attorney fees.
