Florida Statute 713.10 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

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F.S. 713.10

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.

F.S. 713.10 on Google Scholar

F.S. 713.10 on Casetext

Amendments to 713.10

Arrestable Offenses / Crimes under Fla. Stat. 713.10

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.10.

Annotations, Discussions, Cases:

Cases Citing Statute 713.10

Total Results: 20

JAMES B. PIRTLE CONSTRUCTION CO., INC. v. WARREN HENRY AUTOMOBILES, INC.

Court: District Court of Appeal of Florida | Date Filed: 2021-10-20

Snippet: Stat. (2021) (emphasis added). 1 Further, section 713.10, Florida Statutes (2021), provides: (1)

MHB Construction Services, L.L.C. v. RM-NA HB Waterway Shoppes, L.L.C.

Court: District Court of Appeal of Florida | Date Filed: 2011-11-23

Citation: 74 So. 3d 587, 2011 Fla. App. LEXIS 18666

Snippet: records of Bro-ward County in accordance with section 713.10, Florida Statutes (2010). After entering into the

Mhb Const. v. Rm-Na Hb Waterway Shoppes

Court: District Court of Appeal of Florida | Date Filed: 2011-11-23

Citation: 74 So. 3d 587

Snippet: records of Broward County in accordance with section 713.10, Florida Statutes (2010). After entering into the

Legakis v. Loumpos

Court: District Court of Appeal of Florida | Date Filed: 2010-07-23

Citation: 40 So. 3d 901, 2010 Fla. App. LEXIS 10782, 2010 WL 2867895

Snippet: costs incurred to make the necessary repairs. See § 713.10, Fla. Stat. (2008) (permitting a construction lien

In re Revisions to Simplified Forms Pursuant to Rule 10-2.1(a) of the Rules Regulating the Florida Bar

Court: Supreme Court of Florida | Date Filed: 2010-04-15

Citation: 50 So. 3d 503, 35 Fla. L. Weekly Supp. 216, 2010 Fla. LEXIS 568, 2010 WL 1488111

Snippet: IMPROVEMENTS MADE BY THE TENANT AS PROVIDED IN SECTION 713.10, FLORIDA STATUTES. Tenant shall notify all parties

Everglades Electric Supply, Inc. v. Paraiso Granite, LLC

Court: District Court of Appeal of Florida | Date Filed: 2010-03-03

Citation: 28 So. 3d 235, 2010 Fla. App. LEXIS 2545, 2010 WL 711763

Snippet: reverse the summary judgment because the section 713.10 notice filed by Paraiso Granite, which could have

14TH & HEINBERG, LLC v. Henricksen & Co.

Court: District Court of Appeal of Florida | Date Filed: 2004-06-03

Citation: 877 So. 2d 34, 2004 Fla. App. LEXIS 7775, 2004 WL 1207670

Snippet: that the trial court improperly expanded section 713.10, Florida Statutes, by requiring that a short form

Miracle Center Dev. v. Mad Const.

Court: District Court of Appeal of Florida | Date Filed: 1995-10-05

Citation: 662 So. 2d 1288, 1995 Fla. App. LEXIS 10395, 1995 WL 581362

Snippet: property. The statutory language at issue is § 713.10 of the Florida Statutes, which provides the following:

Water & Sewer Utility Construction, Inc. v. Dulaney

Court: District Court of Appeal of Florida | Date Filed: 1995-04-25

Citation: 653 So. 2d 1127, 1995 Fla. App. LEXIS 4357, 1995 WL 236970

Snippet: of the property were not named. §§ 713.08(4)(a), 713.10, 713.12, Fla. Stat. (1993). Accordingly, the summary

Liberty International, Inc. v. Water Place, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1992-04-21

Citation: 597 So. 2d 410, 1992 Fla. App. LEXIS 4487, 1992 WL 79302

Snippet: attachment of mechanics’ lien pursuant to section 713.-10(2), Florida Statutes (1987). The notice stated

Rausman v. Borggren/Dickson Construction Inc.

Court: District Court of Appeal of Florida | Date Filed: 1991-10-09

Citation: 591 So. 2d 270, 1991 Fla. App. LEXIS 9961

Snippet: regarding the notice to owner pursuant to section 713.10, Florida Statutes, and disposition of any question

Adamson v. First Federal Savings & Loan Ass'n of Andalusia

Court: District Court of Appeal of Florida | Date Filed: 1988-01-15

Citation: 519 So. 2d 1036, 13 Fla. L. Weekly 211, 1988 Fla. App. LEXIS 164, 1988 WL 2626

Snippet: the notice of commencement was filed), Section 713.10 provides in pertinent part, that the mechanic’s

An Drew, Inc. v. FRENCHY'S WF CAJUN CAFE, INC.

Court: District Court of Appeal of Florida | Date Filed: 1988-01-05

Citation: 517 So. 2d 766

Snippet: disclaimer of liens was filed pursuant to section 713.10, Florida Statutes (1983).[1] Drew completed the

Budget Elec. Co. v. Strauss

Court: District Court of Appeal of Florida | Date Filed: 1982-08-11

Citation: 417 So. 2d 1143

Snippet: interest in the leased property, citing section 713.10, Florida Statutes (1981), Anderson v. Sokolik,

Davidson Lumber Co. v. Sullivan

Court: District Court of Appeal of Florida | Date Filed: 1981-09-08

Citation: 403 So. 2d 560, 1981 Fla. App. LEXIS 21030

Snippet: between the lessee and lessor pursuant to Section 713.10, Florida Statutes (1975).1 By written agreement

Heflin v. W. D. M. Corp.

Court: District Court of Appeal of Florida | Date Filed: 1980-12-17

Citation: 391 So. 2d 357, 1980 Fla. App. LEXIS 17899

Snippet: based its decision on section 713.10, Florida Statutes (1979). Section 713.10 provides that mechanics’ liens

Jones v. Wright

Court: District Court of Appeal of Florida | Date Filed: 1980-12-10

Citation: 391 So. 2d 313

Snippet: his furnishing any labor or materials. Section 713.10, Florida Statutes (1979), provides: In the absence

Edward L. Nezelek, Inc. v. FOOD FAIR PROP. AGCY., INC.

Court: District Court of Appeal of Florida | Date Filed: 1975-03-11

Citation: 309 So. 2d 219, 1975 Fla. App. LEXIS 14369

Snippet: statutory lien under the provisions of Section 713.10.[1] The law is well-settled that under the statute

Robb v. Lott Paving Company, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1974-02-15

Citation: 289 So. 2d 776, 1974 Fla. App. LEXIS 8140

Snippet: lessor-owner, Hunt Oil Company, by virtue of F.S. Section 713.10, F.S.A.[1] The trial court dismissed appellant's

Jenkins v. Graham

Court: District Court of Appeal of Florida | Date Filed: 1970-06-29

Citation: 237 So. 2d 330

Snippet: property under the provisions of F.S. 1967, Section 713.10, F.S.A. The lease between Jenkins and Super Slide