Home>Levelset Community>Legal Help>How do I protect a job that falls under section 713.10 of the construction lien law, “Extent of Liens?”

How do I protect a job that falls under section 713.10 of the construction lien law, “Extent of Liens?”

Am I able to file a lien on a property where the tenant filed a Notice by Landlord That Property is not Subject to Construction Liens Pursuant to F.S. 713.10? If not, what would be my course of action be to protect said project?

3 replies

Apr 8, 2020

The procedures under Section 713.10 to exempt the landlord's property from liens is very specific, so without reviewing the notice that was recorded, there is no way of evaluating whether the notice was done correctly. For example, if the landlord filed a short form of the lease, it must include the specific language in the lease prohibiting liens and must be recorded before the notice of commencement was recorded. If that did not happen, you may still be able to file a lien. Even if the notice is recorded, you can still protect yourself by sending a demand under Section 713.10(3) for a verified copy of the lease provision prohibiting liens. If the owner fails to respond to the demand within 30 days, you may file a lien if you did not have actual notice that the owner's property is not subject to liens for the tenant's improvements. Finally, assuming the landlord filed the notice correctly, and responds appropriately to any demand for a copy of the lease provision, you can still file a lien against the tenant's interest in the lease. There may be other (non-lien) claims available as well.

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Sep 16, 2022

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Aug 11, 2023

Carefully review the notice filed by the tenant and understand the legal basis for their claim that the property is not subject to construction liens. Consult with an attorney to evaluate the validity of the notice and whether it poses a legitimate challenge to your potential lien. <a href=https://www.tellpopeyes.biz/>TellPopeyes</a>

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