My client, the Owner just found out the Tenant has permitted a water softener to be installed upon the premises and has agreed to make the necessary arrangements to pay for it. No, he thinks that my client should be the one to sign the contract.
Go silent if this just happened. The Company has 60 days to register a construction lien. Upon installation, the water softener unit became a fixture, owned by the Owner of the property and subject to the mortgage (if any). The Company lost its right to removal upon installation.
The Owner does not have to permit removal, nor does the Owner have to pay. The Company’s rights were:
1) for payment against the Tenant, and
2) for a construction lien which would have solidified its rights as against the Owner.
Now, it looks like #2 has expired, and they can go after the Tenant. They really should have asked who owned the place prior to installation, but, that’s their fault.
Brian Madigan LL.B., Broker