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Can we file a lien without sending a Preliminary Notice?

FloridaPreliminary Notice

We are a Memphis, TN based flooring company and provide new flooring installations as requested for apartment communities. We provide services to two Florida properties managed and owned by the same company with large past due balances. We are new to Florida and have never been required to send a Preliminary Notice at 45 days - since each installation is a different job, does that 45 days start from the very first installation, or after each one? Does the preliminary notice requirement even apply to us? We do require new customers to sign a credit application that outlines our 30 day terms and the potential consequences of leaving balances unpaid, and the owner information is listed on that signed application - does that cover us as "contracted with the owner?" Is there a way for us to file a lien?

2 replies

Oct 18, 2021
If your contract was with the owner of the property a notice to owner is not required. You must file your lien within 90 days of completing your contract work, not including punch-out or trivial work. A copy of the lien must be sent to the owner within 15 days of filing it. Do that by certified mail - return receipt.
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Oct 20, 2021
A contract directly with the owner does not require a Notice to Owner. If you are contracting with the management company, you should have a Notice to Owner prepared and have it sent certified mail to the owner and the management company. A separate notice is required for each contract.
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