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We hold consent, as required by the Mechanic’s Lien Statute, is something more than mere knowledge work will be or could be done on the property. The landlord/owner must do more than grant the tenant general permission to make repairs or improvements to the leased premises. The landlord/owner or his agent must give either his tenant or the materialman express or implied consent acknowledging he may be held liable for the work.
The Court of Appeals’ opinion is affirmed as modified.
CASE QUESTIONS
- Why did the lienor want to go after the landlord instead of the tenant?
- Did the landlord here know that there were electrical upgrades needed by the tenant?
- What kind of knowledge or acceptance did the court determine the landlord-owner needed to have or give before a material man could have a lien on the real estate?
- What remedy has F & D (the material man) now?
- 1855 reads
