Imagine finishing a roofing project discussion — maybe you got an estimate, but you never signed anything. Weeks later, you receive a notice of lien from the roofer, claiming you owe thousands for work that was never agreed to in writing.
You’re shocked, confused, and wondering: Can a roofer really put a lien on my house with no signed contract?
This situation is more common than many homeowners realize. In this article, we’ll explain your rights, what a mechanic’s lien is, and the legal steps to protect your property when facing a roofer trying to put a lien on a house without a contract.
Read too: Hail Damage Roof Repair: Essential Guide to Restoring Your Home’s Protection
What Is a Mechanic’s Lien?
A mechanic’s lien (also called a construction lien) is a legal claim contractors, subcontractors, or suppliers can place on a property when they believe they haven’t been paid for work or materials.
It serves as a security interest, giving the contractor a right to seek payment by potentially forcing the sale of the property if the debt isn’t resolved.
According to Wikipedia’s entry on Mechanic’s Lien, the concept dates back to the 18th century and exists in all 50 U.S. states, though the specific laws vary widely.
However — and this is key — a lien can’t just be filed arbitrarily. The contractor must meet specific state requirements, including proof of a contract or written authorization for the work.
Can a Roofer File a Lien Without a Signed Contract?
In most states, no — a roofer cannot legally place a valid lien without a signed contract or written agreement.
However, the nuance depends on state law:
| State | Written Contract Required for Lien | Notes |
|---|---|---|
| California | ✅ Yes | Must include specific homeowner rights language |
| Texas | ✅ Yes | Oral contracts rarely enforceable for liens |
| Florida | ✅ Yes | Requires written contract + proper notice |
| Georgia | ⚠️ Sometimes | If partial work was done with verbal consent |
| New York | ✅ Yes | Proof of authorization required |
If there’s no signed agreement, the roofer’s lien will likely be invalid — but you may still need to formally challenge it to clear your property title.
Signs a Roofer May Try to File a Lien Illegitimately
Sometimes, less-than-honest contractors use lien threats to pressure homeowners into paying inflated or unearned bills. Watch out for these warning signs:
- The roofer sends a “Notice of Intent to Lien” after giving only an estimate.
- You never signed a proposal, but they claim “verbal agreement.”
- Work was incomplete or never started.
- They request payment for materials that were never delivered.
- They refuse to provide proof of permit, license, or insurance.
These red flags suggest the roofer may be attempting to leverage fear of legal action — a tactic that can often be defused by understanding your rights.
Step-by-Step: What To Do If a Roofer Tries To Put a Lien on Your House Without a Contract
1. Do Not Panic — Liens Can Be Challenged
Receiving a notice doesn’t mean you’ve automatically lost your property. It’s a claim, not a judgment.
Many liens are invalid because they fail to meet state filing requirements (such as missing signatures, dates, or notices).
2. Verify Whether the Lien Was Actually Filed
Check your county recorder’s office or clerk of court to confirm whether the roofer actually filed the lien. Sometimes, threats are just that — threats.
If a lien is recorded, obtain a certified copy for your records.
3. Review All Documents and Communications
Gather:
- Written estimates or proposals
- Emails or text messages with the roofer
- Payment receipts or deposit records
- Proof no contract was signed
This evidence will help prove the roofer had no legal authority to file a lien.
4. Send a “Demand to Release Lien” Letter
Your attorney can send a formal letter demanding the roofer remove the lien due to lack of a signed contract or valid agreement.
This often resolves the issue quickly if the contractor realizes they don’t have legal ground.
5. File a “Motion to Remove Lien” (if Needed)
If the roofer refuses to release the lien, your lawyer can file a motion with the court to have it stricken.
This process:
- Notifies the contractor of your challenge.
- Brings the matter before a judge.
- Allows the court to declare the lien invalid if no contract exists.
Once voided, the lien is removed from your property record.
6. Consider Filing a Counterclaim
If the roofer’s actions caused stress, lost property value, or harmed your credit, you may be entitled to compensation under laws protecting homeowners from fraudulent liens or slander of title.
Case Example: Homeowner Wins Against False Lien Claim
In a 2022 Texas case, a homeowner received a lien notice from a roofing company claiming $14,000 in unpaid work — despite no signed contract or permits.
The homeowner’s attorney filed a petition to remove the lien, citing Texas Property Code §53.021. The court found the lien invalid and awarded the homeowner attorney fees plus $3,500 in damages.
This case reinforces a key point: verbal estimates are not contracts. Without signed consent, contractors cannot enforce liens legally.
Why Contractors Attempt Liens Without Contracts
Most legitimate roofers follow the law. However, some may:
- Misunderstand lien requirements.
- Attempt to pressure payment after a dispute.
- Rely on verbal promises or partial work.
- Exploit homeowners unfamiliar with lien laws.
The good news? Homeowners have strong protections — especially when no written agreement exists.
Legal Rights of Homeowners
Here’s what you’re legally entitled to under most state laws:
| Right | Description |
|---|---|
| Right to Notice | Contractors must provide written notice before filing a lien. |
| Right to Dispute | You can file a motion to remove or bond off a lien. |
| Right to Damages | If the lien was fraudulent, you may recover attorney fees and compensation. |
| Right to Free Title | Once invalidated, the lien must be officially released from property records. |
If your roofer skips any of these steps, their lien will likely be dismissed.
How To Prevent Roofing Lien Disputes in the Future
- Always Use a Written Contract – Even small repairs should include signed terms and scope.
- Check Contractor License and Insurance – Verify through your state’s licensing board.
- Get Receipts for Every Payment – Keep digital copies for records.
- Use Conditional Lien Waivers – Require the roofer to sign a lien waiver with each payment.
- Communicate in Writing Only – Avoid verbal agreements or handshake deals.
Proactive documentation is the best defense against lien abuse.
Comparison: Valid vs Invalid Roofing Liens
| Criteria | Valid Lien | Invalid Lien (No Contract) |
|---|---|---|
| Signed Contract | ✅ Present | ❌ Absent |
| Work Completed | ✅ Verified | ⚠️ Disputed |
| Permit & License | ✅ On record | ❌ Missing |
| Written Notice | ✅ Sent within legal timeframe | ❌ Not provided |
| Homeowner Acknowledgment | ✅ Proof of consent | ❌ None |
What To Do If the Lien Affects Your Home Sale or Refinance
A recorded lien can block refinancing or delay a home sale. Here’s how to clear it fast:
- Provide buyer or lender with documentation proving it’s disputed.
- File a bond to remove the lien temporarily.
- Request court intervention for expedited removal.
- Ask your title company to assist in contacting the roofer’s insurer.
In some states, a “Lien Release Bond” can clear your title while the case proceeds, allowing transactions to continue.
Can You Sue a Roofer for Filing a False Lien?
Yes. If the roofer knowingly filed a lien without a contract, you can sue for:
- Slander of Title
- Fraudulent Lien Filing
- Emotional Distress
- Attorney Fees
In many jurisdictions, courts award 2–3x damages for malicious lien filings. Always consult with a construction law attorney to determine the best path.
Expert Insight
“Mechanic’s liens are powerful tools — but they come with strict compliance obligations. Contractors who skip written contracts risk both civil and criminal penalties,”
— Michael D. Harper, Esq., Construction Law Attorney (Los Angeles, CA)
This underscores the importance of written agreements for both parties.
FAQ Section: Roofer Trying To Put Lien On House No Signed Contract
1. Can a roofer legally put a lien without a signed contract?
No. Most states require a written and signed contract to file a valid lien. Verbal agreements usually don’t hold up in court.
2. How do I remove a false lien from my property?
Hire an attorney to file a “Motion to Remove Lien” or “Demand for Release.” Once the court declares it invalid, it’s removed from county records.
3. What happens if I ignore the lien notice?
Ignoring it can delay property transactions. Always respond promptly, even if you know it’s invalid.
4. Can I sue the roofer for filing a false lien?
Yes. False liens can lead to damages for slander of title and reimbursement of legal costs.
5. What if I made a verbal agreement for small work?
Some states allow verbal contracts for small projects, but they rarely support lien rights. Always demand a written agreement.
6. How long does a lien stay on my property?
Usually 90 days to 1 year unless extended through court action. Once expired or invalidated, it should be removed from the public record.
Conclusion
Facing a roofer trying to put a lien on your house with no signed contract can be intimidating — but you have strong legal rights.
By staying calm, gathering evidence, and working with a qualified construction law attorney, you can quickly have the lien removed and, in some cases, sue for damages.
Remember: No contract means no enforceable lien. Protect your home, your credit, and your peace of mind by insisting on written agreements for all future projects.
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