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Florida Landlords Might Get Liens From Tenant Construction

James W. Martin

Florida landlords have for many years been allowed to include a provision in their leases prohibiting construction liens (mechanics liens) for construction ordered by their tenants. This is not always fair to the contractors who do the work and don’t get paid, especially when the work improves the landlord’s land, so the 2011 Florida Legislature approved an amendment to the Florida Construction Lien Law that might allow contractors to get their foot in the door to file a lien.

If approved by the Governor of Florida, Senate Bill 1196 would allow a contractor doing work for a tenant to ask the landlord for a copy of the lease provision that prohibits construction liens. The copy must be verified by the landlord using a penalties-of-perjury clause. If the landlord fails to provide the copy within 30 days, then the tenant’s contractor might be able to lien the property.

This new law would provide additional rights for contractors of tenants and additional duties for landlords.

Florida landlords have for many years been allowed to include a provision in their leases prohibiting construction liens (mechanics liens) for construction ordered by their tenants. This is not always fair to the contractors who do the work and don’t get paid, especially when the work improves the landlord’s land, so the 2011 Florida Legislature approved an amendment to the Florida Construction Lien Law that might allow contractors to get their foot in the door to file a lien.

For additional information, see the free ebook written by Florida Bar Board Certified Real Estate Lawyer James W. Martin on Florida Real Estate Lease Agreements.

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