First, the gardener would have to be a licensed contractor to record a mechanic's lien, and my experience is that most gardeners are not licensed. Second, if he or she is licensed, then send them a Notice of Non-Responsibility immediately to avoid adverse consequences if he does not get paid. If you do not, and the gardener is licensed, then yes, they can theoretically place a lien on your home even though you did not contract with them.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Gibbs is just wrong. Mechanics Liens only attach to a "work of improvement." Basic maintenance is not a "work of improvement." If the gardener was a licensed contractor AND did something like a complete garden renovation and installation, or landscape architect type work, then that might be a work of improvement. However, the gardener would then have had to jump through a lot of procedural hoops, such as giving you a preliminary notice within 20-days of starting work, before an effective lien could attach even then. So while Gibbs is right that a landlord can under some circumstances become liable for work by licensed contractors hired by tenants, your mow-and-blow gardener would not have the right to do so. If they do, it is slander of title and you can not only defend against the lien but sue the gardener.