FACTS: A seller hired an unlicensed handyman to repair several items in her home in preparation to sell her house. The material, plus labor totaled $1,100.00.

The seller did not pay the handyman because the work was performed poorly.

The handyman has now filed a mechanic’s lien against the seller’s property.

ISSUE: Can a handyman, who is not licensed, file a mechanic’s lien on a property?

ANSWER: No.

DISCUSSION:         

Pursuant to Arizona Revised Statutes (“A.R.S.”) §33-981(C): “A person who is required to be licensed as a contractor but who does not hold a valid license as such … shall not have … lien rights.”

Further, pursuant to A.R.S. §32-1121(A)(14), the handyman was required to be licensed to perform the work for the seller, because the aggregate contract price, including labor, materials and all other items, was more than $1,000.

Thus, the unlicensed handyman may not file a mechanic’s lien against the property.