Can a contractor remove items for not getting paid?
2/27/2019 at 10:21:19 AM
I currently live in a rental home. When I moved in, there were a couple of items that needed to be addressed. One window pane of glass needed to be replaced, a kitchen window needed to be replaced and a baseboard heater with thermostat had to be replaced as well. This was discussed in July and finally happened in November. The gentleman hired by landlord did all the above to great satisfaction. Was completed in a day and a half. It is now then end of February and the contractor still has not been paid. He had made numerous attempts to contact landlord via email, phone and text but now landlord has blocked him. The contractor wants to come and take the items he has installed. Is he allowed to do this?
2/27/2019 at 11:13:00 AM
No he unfortunately cannot. I would advise the contractor to contact a paralegal and go after the landlord through court.
The contractor can claim for the full amount of the contract/invoice plus all costs involved in retrieving owed money. A simple letter from a law firm/paralegal on the contractors behalf to the said landlord might make the landlord think twice..
2/27/2019 at 11:43:53 AM
Hi there....
As far as I am concerned........NO
The contractor has no choice but to take his claim for payment to the small claims court and fight it out with the owner.......not with you.
Hope this helps,
Gerard Schoeman
Betterbuilt(2525)
2/27/2019 at 12:44:33 PM
Technically yes he can, the material belongs to him and under law he is allowed to take his things which now are part of a theft crime. However he will have to do so with the assistance of local police. And he also has the right to take the landlord to court for all damages caused to him, including his time to remove his items.
Then you as the renter has the right to take your landlord to court for the inconveniences this has caused. It's a big circle that keeps turning.
Most companies will not waste there time for small things it's just a lost. But those small companies or persons who work hard for there $$$ and get robbed like this well they have time to start this process and in the end it benefits them. Also I'd put adds everywhere warning people who rent this landlords place, and you as the renter refuse to pay his rent until he pays the guy he hired. And you can easily say you are stressed with this.
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