Landlord Liens

Historically, common law in some states provided that landlords could assert liens against their tenants’ personal property for payment of their obligations under a lease.  Common law landlord liens have been replaced by specific statutory provisions of state law in those states that permit the filing of landlord liens. A landlord lien involves a landlord’s right to make a claim against a tenant’s personal property in order to secure the payment of rent and/or other financial obligations.  The ability to file a landlord lien is determined by state law in the particular jurisdiction, and only a few states still provide for landlord liens at all. 

Filing a Landlord Lien

In a jurisdiction where a landlord lien is permissible, a landlord must follow that state’s procedures in order to file such a lien.  Essentially, once a landlord has properly filed a landlord lien, he or she may seize personal property belonging to the tenant and sell it at a public sale, in order to receive compensation for unpaid rent, damages, and other expenses owed by the tenant as a result of his or her tenancy. 

Landlord Lien Process

The procedures for filing landlord liens in the few states that still allow such liens are rather complex.  State laws governing landlord liens require that landlord follow an extensive process for filing landlord liens, including the provision of written notice to the tenant before the seizure of property occurs, the exclusion of certain items of personal property that the tenant needs for basic living purposes, and a public sale meeting specified requirements. 

Getting a Landlord Lien Released

In order to get a landlord lien released, the tenant can pay off the past-due rent, damages, and other expenses that are owed to the landlord.  At that point, the landlord would no longer have a valid landlord lien.  The parties also may be able to reach some sort of compromise in terms of the tenant repaying the landlord for all or a portion of the claimed rent and damages, which may cause the release of a landlord lien as part of that agreement.

Legal Help

If you need legal assistance with filing a landlord lien, or if you have had a landlord lien filed against your personal property, you should contact an attorney for assistance.  An attorney who is experienced in landlord-tenant law can explain all of the options available to you with respect to landlord liens, and guide you through the often complicated process of filing or defending against a landlord lien.