Can You Put a Lien on Someone Who Owes You Rent?
Collecting delinquent rent from a tenant marks one of the less pleasant aspects of being a landlord. From fighting over dollars to escalating a claim through the court system, the landlord-tenant process can take weeks or even months to unfold while the landlord must make due without expected rent payments. Placing liens against the tenant is one part of the collections strategy -- that is, where this approach is allowed by state law.
Landlord's Liens
State law about landlord's liens present a mixed bag. Some states make no separate provision for them, whereas some states give landlords the right to seize tenants' abandoned property and put it up for sale. Texas, for example, permits a landlord to enter a tenant's home, take nonexempt personal property, and put it up for auction 30 days after the seizure date.
Perfection and Replevin
In many states with landlord's liens, the lien attaches automatically, but it cannot be enforced until it is "perfected," which means that the landlord must file paperwork with the state asserting the claim and starting the clock on various statutory limits within the lien process.
In states where a landlord may foreclose against personal property, the tenant has a right to petition to redeem his property within a certain period of time -- usually 30 days -- if he believes that the property was seized unlawfully. This process is called "replevin."
Judgment Liens
Every state allows judgment liens. When a court issues a debt judgment, the creditor may lawfully issue a lien against the debtor's property. This holds true for landlord-tenant cases, as well; if the judge finds in favor of the landlord, not only is the tenant subject to eviction, but the judgment may justify additional collections, including wage garnishments, bank levies and liens against the debtor's assets and personal property.
Considerations
Each state differs slightly about what is subject to a lien. In Michigan, for example, a judgment lien may attach to a person's real estate -- including houses, boats and cars -- and against personal property like jewelry, fine art, coin collections and other goods. Each state's priority of asset seizure differs as well; Michigan requires a judgment lien to be satisfied first from personal property, with real estate affected only when no more personal property remains.
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