Legal Question in Construction Law in California

Re: 20 day Prliminary Lien

First, the prime contractor (who is in direct contract with the owner) doesn't usually have to get involved in preliminary notices. Those are for subcontractors, etc. of whom the owner may be unaware. There may be exceptions for certain specialties, such as pest control work (I don't know).

When one is required to do a 20-day notice, the law (Civil Code section 3097) says:

"....every person who furnishes labor, service, equipment, or material for which a lien or payment bond otherwise can be claimed under this title, or for which a notice to withhold can otherwise be given under this title, shall, as a necessary prerequisite to the validity of any claim of lien, payment bond, and of a notice to withhold, cause to be given to the owner or reputed owner, to the original contractor, or reputed contractor, and to the construction lender, if any, or to the reputed construction lender, if any, a written preliminary notice as prescribed by this section.

Note that the law says nothing about notice to tenants.

Your question is interesting from a theoretical standpoint, however, because some long-term tenancies give the tenants rights that are so similar to the rights of owners, that it almost seems as though they should be entitled to notice.

Hmmmmm.....