Landlord-tenant projects are the most problematic to obtain proper liens on, if for some reason you do not get paid. In most cases, the problems arise from not thoroughly understanding the landlord-tenant project contract.

Kelly Davis, Esq.
Few construction lawyers have the first-hand experience to understand fully the complex issues that their clients face. When Kelly Davis was a child, her father started a small residential construction business, and there began Kelly’s love of construction. She was the little girl that would be running all around the construction projects. Over the years, her father’s business grew into developing commercial buildings, and high-end residential homes. As a result, Kelly has grown up, worked in and lived around the construction industry her entire life.

In this CLE class clip, Kelly discusses landlord tenant construction projects.

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Oftentimes, these are outdoor malls that are popping up everywhere. Landlord-tenant projects are very difficult to pin down who the owners are, and sometimes the perimeters of the malls and inside the mall have completely different owners. This convoluted situation is why it is important to find out who the players are, before you enter into a landlord-tenant contractual project. It is easier to get this information, before you’re trying to get money out of someone, than after a project has gone unpaid.

First task, determine if there are any rights for landlord-tenant projects in your state. Use this as a general rule. If the chain of contract is with the tenant, then the lien is only on the leasehold interest, or removables.