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Can an Owner Lease a Property With a Lien Filed on It?

Having a lien filed against your property can be frightening and intimidating and leave you wondering what you can do with your property with the lien attached to your home. It is important to know what a lien is and how it affects your ownership and rights, so you can feel confident in leasing your home.

Lien Definition

    In most cases, a lien can only be placed on a property if the creditor has been to court and received a judgment. The exception to this rule is the Internal Revenue Service. The IRS does not need to go to court to file a lien on your property. Once the creditor goes to court and proves the debtor owes money, a judgment is granted, and the judgment allows a creditor to attach a lien to your property.

What Does a Lien Mean?

    When a lien is filed against your home, the lien holder has a legal interest in your property, and the house cannot be sold until the debt is paid in full. The debt can be paid at the time of the home sale as long as the proceeds from the sale cover the debt owed. A lien does not mean the property will be taken from the owner and will stay attached to the home until the sale of the home or until the debt is paid off.

Leasing or Renting a Home with a Lien

    The owner of a home with a lien filed on it can rent the home without any issues. The lien does not force a owner to leave or sell the house but ensures the debt will be paid when the house is sold. The lien prevents the transfer of title, not who lives in the house.

Avoiding a Lien

    Getting a judgment and subsequent lien should be avoided if at all possible. Judgments are reported on your credit report and will lower your credit score and can be used to garnish your wages, bank accounts or place liens on your property. While a lien does not prevent you from renting your house, it is damaging to your credit and causes difficulty when selling your property. Attempt to negotiate with your creditor to avoid a judgment and lien.


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