Florida Statute 713.10 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 713.10

Annotations, Discussions, Cases:

Cases Citing Statute 713.10

Total Results: 19

Jenkins v. Graham

237 So. 2d 330

District Court of Appeal of Florida | Filed: Jun 29, 1970 | Docket: 1726591

Cited 15 times | Published

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

Miracle Center Dev. v. Mad Const.

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

District Court of Appeal of Florida | Filed: Oct 5, 1995 | Docket: 1283042

Cited 5 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Mar 11, 1975 | Docket: 1770625

Cited 5 times | Published

to a statutory lien under the provisions of Section 713.10.[1] The law is well-settled that under the

Budget Elec. Co. v. Strauss

417 So. 2d 1143

District Court of Appeal of Florida | Filed: Aug 11, 1982 | Docket: 1722047

Cited 4 times | Published

lessor's interest in the leased property, citing section 713.10, Florida Statutes (1981), Anderson v. Sokolik

Legakis v. Loumpos

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

District Court of Appeal of Florida | Filed: Jul 23, 2010 | Docket: 1219187

Cited 3 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Jun 3, 2004 | Docket: 1684529

Cited 3 times | Published

argument that the trial court improperly expanded section 713.10, Florida Statutes, by requiring that a short

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

517 So. 2d 766, 1988 WL 792

District Court of Appeal of Florida | Filed: Jan 5, 1988 | Docket: 1527971

Cited 3 times | Published

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

Jones v. Wright

391 So. 2d 313

District Court of Appeal of Florida | Filed: Dec 10, 1980 | Docket: 1653653

Cited 3 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Nov 23, 2011 | Docket: 60303534

Cited 1 times | Published

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

Robb v. Lott Paving Company, Inc.

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

District Court of Appeal of Florida | Filed: Feb 15, 1974 | Docket: 1321859

Cited 1 times | Published

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

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

District Court of Appeal of Florida | Filed: Oct 20, 2021 | Docket: 60660119

Published

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

Mhb Const. v. Rm-Na Hb Waterway Shoppes

74 So. 3d 587

District Court of Appeal of Florida | Filed: Nov 23, 2011 | Docket: 2352971

Published

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

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

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

Supreme Court of Florida | Filed: Apr 15, 2010 | Docket: 60297315

Published

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

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

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

District Court of Appeal of Florida | Filed: Mar 3, 2010 | Docket: 1652235

Published

We reverse the summary judgment because the section 713.10 notice filed by Paraiso Granite, which could

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

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

District Court of Appeal of Florida | Filed: Apr 21, 1992 | Docket: 64666774

Published

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

Rausman v. Borggren/Dickson Construction Inc.

591 So. 2d 270, 1991 Fla. App. LEXIS 9961, 1991 WL 203463

District Court of Appeal of Florida | Filed: Oct 9, 1991 | Docket: 64664221

Published

conclusion 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

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

District Court of Appeal of Florida | Filed: Jan 15, 1988 | Docket: 64632623

Published

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

Davidson Lumber Co. v. Sullivan

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

District Court of Appeal of Florida | Filed: Sep 8, 1981 | Docket: 64585007

Published

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

Heflin v. W. D. M. Corp.

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

District Court of Appeal of Florida | Filed: Dec 17, 1980 | Docket: 64579272

Published

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