Other options besides mechanics lien

Q. I own a small landscaping company. A customer hired me to do some tree trimming, add dirt around his property and plant some bushes. The total bill was $1,500. I sent numerous bills that went unpaid. I went to talk to the guy and he told me he was not happy with the work and he would only pay me $500. I want to file a mechanics lien on his property but the attorneys I talked to want way too much money. Can I do a mechanics lien myself? What is involved?

A. It is financially impractical to record and foreclose a mechanics lien over a $1,500 dispute. My suggestion would be to file a pro se or small claims lawsuit in the county where the homeowner resides. The process is fairly quick and not very complicated. Contact the clerk of the circuit court for additional details.

Once you obtain a judgment against the homeowner, you could file a judgment lien against his property, which would earn 9 percent annually from the date of judgment. The homeowner would be required to pay off the lien upon a sale or refinance. Other options you would have upon obtaining a judgment would be a wage garnishment or garnishment of other assets, such as a bank account.

Q. I own a piece of vacant land which I would like not to be disclosed to the public. Would a land trust be a way I could accomplish this?

A. It could have been a way to shield the public from your ownership if, when you purchased the property, you had taken ownership directly from the seller into the land trust. However, it sounds like you are personally in title now. That cannot be erased. Although you can convey the property into a land trust, the public records will disclose you previously owned the property. The subsequent conveyance into the land trust would indicate to anyone familiar with real estate that you continue to own the property.

Q. My husband and I own a three flat. One of the units is rented to two guys. One of the guys is fine but the other is into drugs, gets drunk all the time and causes disturbances in the building. I have discussed this with the "good" tenant and he agrees with me that it would be great for bad tenant to go, but bad tenant does not want to leave. The lease has eight months to go and I see things going from bad to worse. Is there any way I can evict bad tenant and allow good tenant to stay?

A. In the event you have a written lease with your tenants, review the terms of the lease. Most leases contain provisions that in essence state that the tenants will comply with local law, will not take any action to cause a rise in the buildings insurance rates and/or will not disturb the other tenants quiet enjoyment of the property.

Presuming your lease contains one or more of the foregoing provisions or any provision that you deem to have been violated by the tenant's actions, serve both tenants with a 10-day notice. A 10-day notice is notice to the tenants that they are in default under the terms of the lease as a result of certain provisions of the lease having been violated.

After 10 days, you may then file a forcible entry and detainer (eviction) lawsuit in the county where the property is located. The burden will be on you to prove to the court that the tenants have violated the terms of the lease. Testimony from other tenants in the building would go a long way in establishing your case.

In the event you prevail, you will obtain possession of the property. You may then enter into a lease with the good tenant if you so choose.