To Lien or Not to

[joe645]

I live in Nevada and managed a property for another person. All expenses were taken out of the rent with the excess going to the owner. Because of personal problems, I elected to resign that position and turn the matters of management over to the owner's father. At that time, there was a negative balance on the books for appliance repair as well as the closing water bill. The new management has indicated he will pay but in his own good time. I have given him 45 days to settle. If he does not, can I file a lien on the property?

 

[quincy]

I live in Nevada and managed a property for another person. All expenses were taken out of the rent with the excess going to the owner. Because of personal problems, I elected to resign that position and turn the matters of management over to the owner's father. At that time, there was a negative balance on the books for appliance repair as well as the closing water bill. The new management has indicated he will pay but in his own good time. I have given him 45 days to settle. If he does not, can I file a lien on the property?

From what I understand of your post, the answer is no. You cannot file a lien on the property.

Did the owner of the property, who hired you as manager, agree to you turning management of the property over to his father?

 

[joe645]

From what I understand of your post, the answer is no. You cannot file a lien on the property.

Did the owner of the property, who hired you as manager, agree to you turning management of the property over to his father?

Yes. The owner is the daughter. I originally had her power of attorney to manage the property. Her father implied he would take care of the remaining bills from the next months collected rent. He did not.
I paid to have the dryer fixed in the property and the closing water bill. How then can I collect these payments?

 

[quincy]

Any property repairs or utility costs that exceed the amount of rent collected from the tenants are the responsibility of the owner.

You, as property manager, are tasked with arranging to have repairs made on the property, and you pay for these repairs on the owner's behalf out of the funds available. Because the cost of repairs apparently exceeded the available funds, you apparently chose to pay for these repairs out of your own pocket.

If you paid for the dryer repair and the utility bill on the owner's behalf (because the rent money collected did not cover these expenses) then the owner owes you money. You would seek reimbursement from her.

If for some reason she refuses to reimburse you, you can sue her to recover your costs.

 

[joe645]

Any property repairs or utility costs that exceed the amount of rent collected from the tenants are the responsibility of the owner.

You, as property manager, are tasked with arranging to have repairs made on the property, and you pay for these repairs on the owner's behalf out of the funds available. Because the cost of repairs apparently exceeded the available funds, you apparently chose to pay for these repairs out of your own pocket.

If you paid for the dryer repair and the utility bill on the owner's behalf (because the rent money collected did not cover these expenses) then the owner owes you money. You would seek reimbursement from her.

If for some reason she refuses to reimburse you, you can sue her to recover your costs.

Can I withhold personal property of the owner (being held in my garage) in lieu of the funds in case she doesn't reimburse me?

 

[quincy]

Can I withhold personal property of the owner (being held in my garage) in lieu of the funds in case she doesn't reimburse me?

No.

Have you submitted the bills you paid and asked for reimbursement?