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How To Discharge Unlawful Construction Lien?

FloridaConstruction ContractLien ReleasesMechanics Lien

A former tenant has filed a construction lien on my property he used to rent in retaliation for not renewing his lease. He now fraudulently claims he worked on the property as a handyman and was never paid. He is not a licensed contractor or a sub, no NOC was ever filed, no permits were ever pulled, he wanted to paint his room and got my permission to paint and I supplied the paint for him. He also took the liberty to do minor repairs on his own, fix outlets etc. without permission and to install patio enclosure without my permission. He now claims he wants me to pay nearly $12K for the work he was never allowed to do and recorded a lien. What should I do?

3 replies

Dec 20, 2021
Under these facts the lien is invalid. If the lien poses a problem for you immediately then you can file a notice of contest with the clerk of the county where the property is located. That will shorten the time for him to file suit to 60 days. If he does not do so then the lien expires. Otherwise the lien will expire one year from the date of filing. Other ways to remove the lien from the property are (1) remove it to a cash deposit or a surety bond through the court clerk; or (2) file a special type of lawsuit requiring the lienor to "show cause" within 20 days from service of the summons why the lien should not be discharged. If the lienor does not assert his lien foreclosure lawsuit either in a counterclaim or a new lawsuit by that date the lien expires as a matter of law. These two ways are generally disfavored by my clients because it either requires tying up money or costing money to remove or discharge the lien. It depends on how much of a problem the lien presents.
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Dec 21, 2021
I would only add, a strong letter on lawyer letterhead explaining the fraudulent lien statute, slander of title, and your right to recover attorneys' fees, accompanied by a form of satisfaction of lien with a red x next to the signature and a stamped return envelope.
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Dec 29, 2021
Contact a construction lawyer and have the lawyer draft a demand letter and include a Satisfaction of Claim of Lien for the tenant’s execution. Have the attorney advise the tenant that recording a false claim of lien will subject the tenant to payment of your attorneys’ fees if you bring suit for fraudulent lien and slander of title.
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