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Can I file a mechanics lien on landlord for unpaid work done to property?

FloridaMechanics Lien

Hi I am a handyman and a tenant of this property owner. I have done numerous amounts of repairs at the property I currently live in. At this property there is what is called a Florida room, which is basically a enclosed porch. This enclosed porch was in very bad shape from the day I moved in and continued to get worse. It was badly weathered and had very bad termite damage. I complained to the landlord about fixing it. She finally got around to trying to get it repaired. She found a contractor of some sort who started the job, he torn down a few drywall pieces from ceiling and removed the door. The gentleman never returned after the first day. He actually never returned at all. I spoke with my landlord about the situation and she says he ran off with her money she gave home for materials. Now at this point this Florida room definitely needs some attention, because the drywall was torn out and out door is missing. So she finds another gentleman to carry out the job. The gentleman who she hired was a alcoholic and very uncomfortable to be around my home where my wife and daughter live. I tell her my concerns and she stops him from working. I’m a handyman and I’m well aware and capable of doing the job myself but at the time I was very busy with my own work and couldn’t do the job. A few days go by and I’m tired of seeing our home like this and I tell her I can finish the job. I write out a estimate for her explaining exactly what I was going to do to make it back right and be livable. I included all the materials I needed. My estimate amounted to $3000 + materials. She agreed and I also made payment arrangements with her. $500 was to be deducted from our monthly rent for 5 months until the $3000 was satisfied. She agreed, I begin work I’m March 2020 until sometime in June or July. That’s when she received a notice from the city, that the work that was being done was in violation. The violation was that there were no permits for the replacement of windows and doors. She had to get the permits or there were gonna be fines applied to her. At this point I’m about 90-95% completed but she tells me to stop working, until she figures out what to do. So after about a month she tells me she has been back and fourth with the city and has found a contractor that is willing to pull the necessary permits needed and be a liaison to the city inspector. She sends the contractor over to look at what’s been done to go get the permit. The contractor gets the permit and schedules the inspector to inspect the work. The inspector signs off on the job and now she has satisfied the city and violation case is closed. I start a conversation with her about our agreement regarding payment since I’m close to final completion and she tells me I have a remaining balance of $1200, because she has deducted the amount of money she paid to the contractor from the money she is owed to me. We have a heated conversation about how I didn’t agree nor do I understand why she would do that. She was not trying to hear anything I had to say and insisted on that is what she now owes me. This situation has hurt me financially and has caused my family to be late on rent. Once we were late on rent and tried to get rental assistance she consistently tried to scare us with eviction and she has actually filed for eviction with us. It’s been a real headache with her at this point and I do t know what to do about getting paid for this job or what can I do about getting paid. Can someone share some advice. I’m thinking about filing a mechanics lien but I need more information about it and how to go about filing it.

2 replies

Mar 9, 2022
A contractor is defined by statute as one who repairs, alters, remodels, adds to, demolishes, subtracts from, or improves any building or structure. It appears that you were doing just that. Florida Statute 489.128(1)(a) provides: "As a matter of public policy, contracts entered into on or after October 1, 1990, by an unlicensed contractor shall be unenforceable in law or in equity by the unlicensed contractor." Since you are unlicensed as a contractor you do not have the right to a lien or payment for your services under Florida law. The law is intended to punish and deter unlicensed contractors.
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Mar 14, 2022

You can only record a lien within 90 days after you last furnished labor or materials, so you are past the time.

 

Unfortunately, the dollar amount at stake is not enough to warrant a lawsuit, but you might want to check to see if it’s worth filing a claim in small claims court. Get whatever paperwork you have together, prepare a detailed timeline of what happened and go and see a local legal aid organization. Best of luck to you.

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