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Can landscape companies file a lien on the property for general lawn maintenance?

A landscape company is billing me for unauthorized general lawn maintenance. I did ask for a one time maintenance service which I have paid. The issue is that this property is a secondary home and I’m not on the premises full time. The landscaper claims that he performed work for an additional 2 months after the verbally agreed one time service. He claims he did work on a biweekly cycle.

1 reply

Oct 28, 2020

Generally, even in states in which labor or material for landscape work is entitled to mechanics lien protection, it is limited to "permanent" landscape work to improve the property (i.e. things like installing irrigation, grading or other land work, significant and permanent plantings, etc.).

This means that routine maintenance work, like lawn cutting, pruning, and other things that are not related to permanent improvements do not give rise to lien rights. In Arizona, lien rights only extend to "the construction, alteration or repair of any building, or other structure or improvement" so landscape work has a tough row to hoe.

Further, *all* potential mechanics lien claimants in Arizona must provide preliminary notice in order to retain lien rights - even those who contract directly with the property owner. No notice - no lien rights.

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