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If I am long term leasing a commercial space, do I file the Notice of Commencement as "Owner"?

FloridaNotice of Commencement

If I am long term leasing a commercial space that I am hiring a GC to renovate in a state where "property owner" is required to file NOC, do I file the Notice of Commencement as "Owner"?

1 reply

Jul 23, 2021

If you look at the statutory form for the notice of commencement (F.S. sec. 713.13(1)(d), paragraph 3 of the form as you to fill in the "Owner information or Lessee information if the Lessee contracted for the improvement." It then has a separate space to list the "Name and address of fee simple titleholder (if different from Owner listed above)." "Fee simple titleholder" means the owner who has a deed to the property, in plain English. So you list yourself under paragraph 3.a., list your interest as "leasehold" in paragraph 3.b., then list the landlord's name and address in paragraph 3.c. A link to the statutory form is here: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html 

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