Florida Statutes

Fla. Stat. § 713.10 (2025)

Extent of liens.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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713.10 Extent of liens.—

(1) Except as provided in s. 713.12, a lien under this part shall extend to, and only to, the right, title, and interest of the person who contracts for the improvement as such right, title, and interest exists at the commencement of the improvement or is thereafter acquired in the real property. When an improvement is made by a lessee in accordance with an agreement between such lessee and her or his lessor, the lien shall extend also to the interest of such lessor.

(2)(a) When the lease expressly provides that the interest of the lessor shall not be subject to liens for improvements made by the lessee, the lessee shall notify the contractor making any such improvements of such provision or provisions in the lease, and the knowing or willful failure of the lessee to provide such notice to the contractor shall render the contract between the lessee and the contractor voidable at the option of the contractor.

(b) The interest of the lessor is not subject to liens for improvements made by the lessee when:

1. The lease, or a short form or a memorandum of the lease that contains the specific language in the lease prohibiting such liability, is recorded in the official records of the county where the premises are located before the recording of a notice of commencement for improvements to the premises and the terms of the lease expressly prohibit such liability; or

2. The terms of the lease expressly prohibit such liability, and a notice advising that leases for the rental of premises on a parcel of land prohibit such liability has been recorded in the official records of the county in which the parcel of land is located before the recording of a notice of commencement for improvements to the premises, and the notice includes the following:

a. The name of the lessor.

b. The legal description of the parcel of land to which the notice applies.

c. The specific language contained in the various leases prohibiting such liability.

d. A statement that all or a majority of the leases entered into for premises on the parcel of land expressly prohibit such liability.

A notice that is consistent with subparagraph 2. effectively prohibits liens for improvements made by a lessee even if other leases for premises on the parcel do not expressly prohibit liens or if provisions of each lease restricting the application of liens are not identical.

(3) Any contractor or lienor under contract to furnish labor, services, or materials for improvements being made by a lessee may serve written demand on the lessor for a copy of the provision in the lease prohibiting liability for improvements made by the lessee, which copy shall be verified under s. 92.525. The demand must identify the lessee and the premises being improved and must be in a document that is separate from the notice to the owner as provided in s. 713.06(2). The interest of any lessor who does not serve a verified copy of the lease provision within 30 days after demand, or who serves a false or fraudulent copy, is subject to a lien under this part by the contractor or lienor who made the demand if the contractor or lienor has otherwise complied with this part and did not have actual notice that the interest of the lessor was not subject to a lien for improvements made by the lessee. The written demand must include a warning in conspicuous type in substantially the following form:

WARNING

YOUR FAILURE TO SERVE THE REQUESTED VERIFIED COPY WITHIN 30 DAYS OR THE SERVICE OF A FALSE COPY MAY RESULT IN YOUR PROPERTY BEING SUBJECT TO THE CLAIM OF LIEN OF THE PERSON REQUESTING THE VERIFIED COPY.

(4) The interest of the lessor is not subject to liens for improvements made by the lessee when the lessee is a mobile home owner who is leasing a mobile home lot in a mobile home park from the lessor.

History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 1, ch. 85-103; s. 1, ch. 92-148; s. 806, ch. 97-102; s. 1, ch. 2011-212; s. 4, ch. 2012-211; s. 5, ch. 2023-226.

Note.—Former s. 84.101.

Notes of Decisions

Cited in 18 cases (1 in the last 5 years), 1970–2021 · leading case: 14TH & HEINBERG, LLC v. Henricksen & Co., 877 So. 2d 34 (Fla. 1st DCA 2004).

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14TH & HEINBERG, LLC v. Henricksen & Co., 877 So. 2d 34 (Fla. 1st DCA 2004). · cites it 15× “We find no merit in appellant's first argument that the trial court improperly expanded section 713.10, Florida Statutes, by requiring that a short form of a lease that is recorded in the clerk's office contain a lessor's disclaimer of any mechanics' liens arising out of…”

An Drew, Inc. v. Frenchy's Wf Cajun Cafe, Inc., 517 So. 2d 766 (Fla. 1st DCA 1988). · cites it 10× “This disclaimer of liens was filed pursuant to section 713.10, Florida Statutes (1983). [1] Drew completed the contracted-for renovations but Frenchy's failed to pay for them.”

Miracle Ctr. Dev. v. Mad Const., 662 So. 2d 1288 (Fla. 3d DCA 1995). · cites it 3× “Fla. Stat. § 713.10 (1993). Under this language, Miracle Center's property interest could be subject to liens arising from improvements performed on the land in only two instances: (1) if the lease between Miracle Center and Theme required such improvements to the property; or…”

Jones v. Wright, 391 So. 2d 313 (Fla. 2d DCA 1980). · cites it 4× “Section 713.10, Florida Statutes (1979), provides: In the absence of fraud on the part of the lessor, the interest of the lessor shall not be subject to liens for improvements made by the lessee when the lease is recorded in the clerk's office and the terms of the lease…”

Legakis v. Loumpos, 40 So. 3d 901 (Fla. 2d DCA 2010). · cites it 2× “See § 713.10, Fla. Stat. (2008) (permitting a construction lien on leased property “[w]hen an improvement is made by a lessee in accordance with an agreement between such lessee and her or his lessor”); § 83.”

Budget Elec. Co. v. Strauss, 417 So. 2d 1143 (Fla. 5th DCA 1982). · cites it 2× “This case involves the question of whether a lienor under contract with a lessee is entitled to a lien against the lessor's interest in the leased property. Appellant, who performed work on leased property under a contract with the lessee, claims entitlement to a mechanics' lien…”

MHB Constr. Servs., L.L.C. v. RM-NA HB Waterway Shoppes, L.L.C., 74 So. 3d 587 (Fla. 4th DCA 2011). · cites it 11× “1 Two years before the lease’s execu *589 tion, Landlord recorded a “Notice of Lien Prohibition” in the public records of Bro-ward County in accordance with section 713.10, Florida Statutes (2010). After entering into the lease, Tenant contracted with MHB to make improvements to…”

In re Revisions to Simplified Forms Pursuant to Rule 10-2.1(a) of the Rules Regulating the Florida Bar, 50 So. 3d 503 (Fla. 2010). · cites it 2× “Tenant shall not have-the right or authority-to-encumber the Premises--or--to-permit-any person to claim or assert-any lien for the - improvement or repair of-the-Premises made byThe interest of the Landlord shall not be subject to liens for improvements by the Tenant as…”

Davidson Lumber Co. v. Sullivan, 403 So. 2d 560 (Fla. 3d DCA 1981). · cites it 3× “The issue on appeal is whether the improvements made by the lessees were in accordance with an agreement between the lessee and lessor pursuant to Section 713.10, Florida Statutes (1975). 1 By written agreement dated August 10, 1976, Jack and Claudia Sullivan leased to a Rhoda…”

Jenkins v. Graham, 237 So. 2d 330 (Fla. 4th DCA 1970). “1967, Section 713.10, F.S.A. The lease between Jenkins and Super Slide clearly contemplated that the latter would operate a place of public amusement.”

Edward L. Nezelek, Inc. v. Food Fair Prop. Agcy., Inc., 309 So. 2d 219 (Fla. 3d DCA 1975). “Before this court, appellant has re-asserted these grounds seeking to reverse the ruling of the trial court. The appellant argues that as a prerequisite to recovery it was not necessary that it strictly comply with the provisions of Fla.”

Heflin v. W. D. M. Corp., 391 So. 2d 357 (Fla. 2d DCA 1980). · cites it 5× “The trial court based its decision on section 713.10, Florida Statutes (1979). Section 713.”

Show all 18 citing cases →

— 713.10(1) — 2 cases

14TH & HEINBERG, LLC v. Henricksen & Co., 877 So. 2d 34 (Fla. 1st DCA 2004). “We find no merit in appellant's first argument that the trial court improperly expanded section 713.10, Florida Statutes, by requiring that a short form of a lease that is recorded in the clerk's office contain a lessor's disclaimer of any mechanics' liens arising out of…”

Everglades Elec. Supply, Inc. v. Paraiso Granite, LLC, 28 So. 3d 235 (Fla. 4th DCA 2010).

— 713.10(2) — 4 cases

MHB Constr. Servs., L.L.C. v. RM-NA HB Waterway Shoppes, L.L.C., 74 So. 3d 587 (Fla. 4th DCA 2011). “1 Two years before the lease’s execu *589 tion, Landlord recorded a “Notice of Lien Prohibition” in the public records of Bro-ward County in accordance with section 713.10, Florida Statutes (2010). After entering into the lease, Tenant contracted with MHB to make improvements to…”

Everglades Elec. Supply, Inc. v. Paraiso Granite, LLC, 28 So. 3d 235 (Fla. 4th DCA 2010).

Mhb Const. v. Rm-Na Hb Waterway Shoppes, 74 So. 3d 587 (Fla. 4th DCA 2011).

— 713.10(2)(a) — 2 cases

Mhb Const. v. Rm-Na Hb Waterway Shoppes, 74 So. 3d 587 (Fla. 4th DCA 2011).

— 713.10(2)(b) — 1 case

James B. Pirtle Constr. Co., Inc. v. Warren Henry Automobiles, Inc. (Fla. 3d DCA 2021).

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